Milind Kashinathrao Dongre vs The State Of Maharashtra And 2 Ors
2024 Latest Caselaw 3287 Bom

Bombay High Court

Milind Kashinathrao Dongre vs The State Of Maharashtra And 2 Ors on 2 February, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          ORDINARY ORIGINAL CIVIL JURISDICTION

                   WRIT PETITION (LODGING) NO.28872 OF 2021
Milind Kashinathrao Dongre                                       .. Petitioner
             Vs.
The State of Maharashtra and Ors.                                .. Respondents

None for the Petitioner. Mr. Mohit Jadhav, Addl. G.P., for Respondent Nos.1 and 2-State of Maharashtra.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 2ND FEBRUARY, 2024. P.C. :

1. None present for the petitioner.

2. We have perused the writ petition. The petitioner seeks pensionary benefits in the form of Gratuity and Leave Encashment by contending that Rule 67(3) of the Maharashtra Civil Services (Leave) Rules, 1981 has been struck down to the extent there is a cap on the credit of leave that could be encashed. It is stated that the challenge to the judgment of this Court in O.O.C.J. Writ Petition No.2668 of 2002 (Shri Jeevan Kashinath Patil Vs. State of Maharashtra and Ors.), along with connected matter, (page 73 of writ petition), dated 20th June 2014 has failed before the Hon'ble Supreme Court.

3. Issue notice to the respondents, returnable on 1st March 2024.

Learned Addl. G.P. waives notice for respondent nos.1 and 2.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ]

12-WP(L)-28872-2021.doc Dixit