Bombay High Court
The State Of Maharashtra Thr Its ... vs Ramkrishna Govindrao Singane on 27 March, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 709 OF 2023
The State of Maharashtra and another
Vs.
Waman Ramchandra Kumbhalkar
WITH
WRIT PETITION NO. 711 OF 2023
The State of Maharashtra and others
Vs.
Rameshkumar Dashrath Thakre
WITH
WRIT PETITION NO. 1201 OF 2023
The State of Maharashtra and others
Vs.
Ramkrishna Govindrao Singane
WITH
WRIT PETITION NO. 710 OF 2023
The State of Maharashtra and others
Vs.
Chandrashekhar S/o. Motiram Badwaik and others
AND
WRIT PETITION NO. 1402 OF 2023
The State of Maharashtra and another
Vs.
Anandrao Naktuji Kirme and others
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri A. A. Madiwale, AGP for petitioners (In W. P. Nos. 711/2023, 1201/2023 and
1402/2023).
Ms. N. P. Mehta, AGP for petitioners (In W. P. Nos. 709/2023 and 710/2023).
Shri N. R. Saboo, Advocate for respondent/s.
CORAM :- A. S. CHANDURKAR & M. W. CHANDWANI, JJ.
DATED :- 27.03.2023.
RR Jaiswal
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Leave granted to the petitioners to challenge the
order dated 06.02.2023 passed in Review Application in
suo moto exercise of review jurisdiction by the Maharashtra
Administrative Tribunal, Nagpur pursuant to the judgment of
the Hon'ble Supreme Court in Shaikh Miya S/o. Shaikh Chand
Vs. State of Maharashtra (Civil Appeal No. 6531-6533/2022,
decided on 07.09.2022). The amendment to be carried out
forthwith.
2. The issue raised in these Writ Petitions pertain to
entitlement of the respondent/s to the pensionary benefits by
considering 31.03.1997 as the date for reckoning pensionable
service. The same issue came to be decided initially at Principal
Seat in Writ Petition No. 446/2021 (Md. Khalik Sahabuddin
Shaikh Vs. The State of Maharashtra, decided on 01.03.2023).
Thereafter by following the aforesaid decision, this Court in
Writ Petition No. 5748/2019 (Dilip S/o. Laxamn Katlawar Vs.
The State of Maharshtra, decided on 21.03.2023) held that the
petitioner therein was entitled to receive pensionary benefits by
considering his entry in service from 31.03.1997.
3. While exercising the review jurisdiction, the
Tribunal has held the respondent/s entitled to all consequential
benefits of permanency and pensionary benefits by treating
them in regular service with effect from 31.03.1997. For the
reasons assigned in the decision in Md. Khalik Sahabuddin
Shaikh (supra) and Dilip S/o. Laxamn Katlawar (supra), the
order dated 06.02.2023 passed by the Maharashtra
Administrative Tribunal by which the review application was
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allowed is partly modified. Direction no. (ii) of the said order
shall read as under:-
"the respondents are directed to absorb the applicant in regular
scale for entitlement to pensionary benefits treating them in
regular service with effect from 31.03.1997 as a Mustering
Assistant."
4. The necessary steps to be taken within three
months from today.
5. Rule is made absolute in the above terms. No
costs.
(M. W. CHANDWANI, J.) (A. S. CHANDURKAR, J.)
RR Jaiswal
