The State Of Maharashtra Through ... vs Ambadas D Wankhade
2023 Latest Caselaw 1263 Bom

                                                                           27-WP.1547.2023


          jvs
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE SIDE JURISDICTION

SALUNKE
                                    WRIT PETITION NO. 1547 OF 2023
JV
Digitally signed
by SALUNKE J V
Date: 2023.02.07
                   The State of Maharashtra & Ors.          }       Petitioners
17:58:31 +0530
                              Versus
                   Shri. Ambadas D. Wankhade & Ors.         }       Respondents

                   Mr. B. V. Samant, AGP for the petitioners.
                   Mr. Om M. Lonkar with Ms. Advaita M.
                   Lonkar for the respondents.


                                      CORAM:     S. V. GANGAPURWALA, Act.CJ.&
                                                 SANDEEP V. MARNE, J.

                                      DATE:      FEBRUARY 6, 2023

                   P.C.:

1. It is submitted that the respondents retired on 30th June. Notionally, they ought to have been given benefit as would be available by 1st July. The learned counsel for the respondents submits that Aurangabad Bench of this Court has held that such benefit is permissible. The Aurangabad Bench relied upon the judgment of Madras High Court and the SLP against the judgment of the Madras High Court is dismissed.

2. The learned AGP for the petitioners submits that against the similar judgments delivered by Allahabad High Court and Karnataka High Court, the States and the Union of India have filed SLP before the Apex Court and the Apex Court has issued notice in the matter and stay is also granted.

3. The learned counsel for the respondents accepts notice on behalf of the respondents and seeks time.

4. Stand over to 5th April 2023.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)