Rohidas Yamaji Sonwane vs The State Of Maha. Thr. Sec. And Ors
2023 Latest Caselaw 1935 Bom

                                                      16-WP-2491-2023


Pdp
           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO. 2491 OF 2023

      Rohidas Yamaji Sonawane                  .. Petitioner

                  Versus

      The State of Maharashtra & Ors.          .. Respondents

                               WITH
                   WRIT PETITION NO. 2494 OF 2023

      Shankar Lukhaji Sonawane                 .. Petitioner

                  Versus

      The State of Maharashtra & Ors.          .. Respondents


                               WITH
                   WRIT PETITION NO. 2493 OF 2023

      Udaykumar Tulshiram Barde                .. Petitioner

                  Versus

      The State of Maharashtra & Ors.          .. Respondents

      Mr. Balaji Shinde for petitioners.
      Mrs. R. A. Salunkhe, AGP for State.
      Mr. Vivek B. Rane i/by Mr. Ashwin R. Kapadnis for
      respondent nos.4 and 5.
              CORAM: S. V. GANGAPURWALA, ACTING CJ. &
                     SANDEEP V. MARNE, J.

              DATE:    FEBRUARY 27, 2023


      P.C.:

1. The petitioners claim to have been appointed in the

16-WP-2491-2023

year 1985. The petitioners are untrained teachers. The learned counsel for the petitioners submits that the petitioners were continued in service and on attaining the age of superannuation, retired from the service as Assistant Teachers of the Zilla Parishad. According to the learned counsel, the petitioners are entitled for pensionary benefits. The same relief is not accorded to the petitioners. The State Government also issued circular dated 15th July, 2022 to implement the order passed by this Court.

2. The learned counsel for the Zilla Parishad is present.

3. The learned counsel for the petitioners relies on the judgment of the Division Bench of this Court at Aurangabad dated 4th July, 2019 in Writ Petition No. 6143 of 2016 (Smt. Umabai W/o Ramkrishna Deshmukh vs. The State of Maharashtra & Ors.) and another judgment of the Division Bench of this Court dated 24th August, 2020 in Writ Petition No. 3912 of 2019 (Sonu P. Kapadne & Ors. vs. State of Maharashtra).

4. The petitioners shall file a comprehensive representation with the respondents. The respondents shall consider the representation filed by the petitioners and also the judgments delivered by this Court, referred to above and take decision with regard to the pensionary benefit of the petitioners expeditiously, preferably within four months from the date of receipt of the representation.

5. With these observations, writ petitions are disposed of. No costs.

                       (SANDEEP V. MARNE, J.)                       (ACTING CHIEF JUSTICE)
          Digitally
          signed by
          PRAVIN
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2023.02.27
          19:29:43
          +0530