Bombay High Court
The State Of Maharashtra Its Secretary ... vs Bharat Tukaram Meshram on 21 April, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
1 950-wp-2594-2593-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2593 OF 2023
The State of Maharashtra and others Vs. Prabhakar K. Kshirsagar
WITH
WRIT PETITION NO. 2594 OF 2023
The State of Maharashtra and others Vs. Bharat Tukaram Meshram
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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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Smt. S. S. Jachak, AGP for petitioner/State.
Shri N. R. Saboo, Advocate for respondent.
CORAM :- A. S. CHANDURKAR & M. W. CHANDWANI, JJ.
DATED :- 21.04.2023.
Rule. Rule made returnable forthwith and heard learned counsel for the parties.
2. 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.
3. The issue raised in these Writ Petitions pertain to entitlement of the respondent 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 RR Jaiswal ::: Uploaded on - 24/04/2023 ::: Downloaded on - 25/04/2023 23:11:16 ::: 2 950-wp-2594-2593-23.odt 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.
4. 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 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."
5. The necessary steps to be taken within three months from today.
6. Rule is made absolute in the above terms. No costs.
(M. W. CHANDWANI, J.) (A. S. CHANDURKAR, J.) RR Jaiswal ::: Uploaded on - 24/04/2023 ::: Downloaded on - 25/04/2023 23:11:16 :::