Allowed

Srinivas S/O. Kapildeo Tiwari and 11 Ors. v. State of Maharashtra and 3 Ors.

Bombay HC5 Jan 2012WP/459/1994

Case brief

AI extract

What is this about?

In three writ petitions, petitioners (employees and heirs) sought fixation of higher pension scales. The court directed the Director of Municipal Administration to approve the Municipal Council's service bye-laws within six weeks to prevent further loss of benefits for deceased and retired employees.

What did the court decide?

Direction to respondents 2 to approve bye-laws within 6 weeks and revise pensionary benefits of petitioners.

Srinivas S/O. Kapildeo Tiwari and 11 Ors. Vs… — Pension and Retirement Benefits | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

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WRIT PETITION NO.459 OF 1994 with WRIT PETITION NO.719 OF 1994 with WRIT PETITION NO.994 OF 1996

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WRIT PETITION NO.459 OF 1994 :

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Deleted as per Court's order dt.20.4.2011.

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Pralhad s/o. Janardhan Hirulkar.

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Jagdish s/o. Hiralal Sharma.

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Satyanarayan Balabaksha Khandelwal.

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Ramesh s/o. Saddulal Agrawal (Dead) through Legal heir : Smt. Vimaladevi Agrawala, Aged 55 yrs., Behind Police Station, Paratwada, Distt. Amravati, Maharashtra.

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Ganesh s/o. Srikrishna Hirdekar.

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Dhannalal Nathulal Saroya.

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Ramesh s/o. Narayan Balapure.

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Arvind s/o. Vasudeo Tare.

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Laxmikant Jagannath Prasad Agnihotri.

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Radheshyan Shriramlal Jaiswal.

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Bhagwant Sayaji Mohod.

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All r/o. Achalpur, all employees of Municipal Council, Achalpur, Tq. Achalpur, District Amravati.

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........ PETITIONERS

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// VERSUS //

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State of Maharashtra, through its Secretary, Ministry of Urban Development, Mantralaya, Bombay-32.

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Director of Municipal Administration, New Administrative Building, 15th Floor, Bombay-32.

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Municipal Council, Achalpur through its Chief Officer, District Amravati.

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The Collector, Amravati.

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........ RESPONDENTS

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Mr. Anand Parchure, Adv. with Mr.H.D.Marathe, Adv. for the Petitioner.

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Mr.P.D.Kothari, A.G.P. for Respondent Nos.1, 2 and 4. Mr.P.C.Madkholkar, Adv. for Respondent No.3.

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2. WRIT PETITION NO.719 OF 1994 :

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Deleted as per Court's order dt.13.4.2011.

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Padmakar s/o. Dattuji Metkar.

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Prakash s/o. Anandrao Deshmukh (Dead) through legal heirs :

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I) Smt. Urmilabai Prakash Deshmukh, Aged about 50 yrs.,

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ii) Girish Prakash Deshmukh, Aged about 26 yrs.,

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All r/o. Civil Lines, Paratwada, Distt. Amravati, Maharashtra.

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Sheikh Rahim s/o. Sheikh Rustam.

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Mohd. Iqbal s/o. Mohd. Sujat.

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All r/o. Vilayatpura, Achalpur, Distt. Amravati. ........ PETITIONERS

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// VERSUS //

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State of Maharashtra, through its Secretary, Ministry of Urban Development, Mantralaya, Bombay-32.

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Director of Municipal Administration, New Administrative Building, 15th Floor, Bombay-32.

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Municipal Council, Achalpur, through its Chief Officer, District Amravati.

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The Collector, Amravati. ........ RESPONDENTS

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Mr. Anand Parchure, Adv. with Mr.H.D.Marathe, Adv. for the Petitioner. Mr.P.D.Kothari, A.G.P. for Respondent Nos.1, 2 and 4. Mr.P.C.Madkholkar, Adv. for Respondent No.3.

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3. WRIT PETITION NO.994 OF 1996 :

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Babarao Rajaramji Sawant, Aged about 60 yrs., r/o. Gawalipura, Ward No.8, Post Paratwada, Tq. Achalpur, District Amravati. (Dead) Through Legal heirs :

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1. Smt. Sushilabai wd/o. Baburaoji Sawant, Age : 55 yrs., r/o. Kholkute's Wada, Gawalipura Tilak Chowk, Paratwada, Tahsil – Achalpur, Distt. Amravati.

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1. Sanjay s/o. Baburaoji Sawant, r/o. Kholkute's Wada, Gawalipura Tilak Chowk, Paratwada, Tahsil – Achalpur, Distt. Amravati.

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1. Sau. Sunita w/o. Sunil Tagde, Age : 35 yrs., r/o. Chagni Nagar, Amravati.

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1. Sau. Anita w/o. Hemraj Sakharkar, Age : 32 yrs., r/o. Vrundawan Nagar, Near Mr.Shiram's residence, Murtijapur, Distt.Akola.

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Sau. Ujjawala w/o. Vinod Munde, Age : 25 yrs., r/o. Siddeshwar Vidyalaya, Dabha, Tq. Barshi (Tapli), Distt. Akola. ........ PETITIONERS

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// VERSUS //

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State of Maharashtra, through its Secretary, Ministry of Urban Development, Mantralaya, Bombay-32.

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The Director of Municipal Administration, New Administrative Building, 15th Floor, Bombay-32.

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Municipal Council, Achalpur, through its Chief Officer, District Amravati.

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The Collector, Amravati. ........ RESPONDENTS

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-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=Mr. Anand Parchure, Adv. with Mr.H.D.Marathe, Adv. for the Petitioner. Mr.P.D.Kothari, A.G.P. for Respondent Nos.1, 2 and 4. Mr.P.C.Madkholkar, Adv. for Respondent No.3.

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Coram : P.B.Majmudar & A.P.Bhangale, JJ. Date : 05/01/2012.

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COMMON JUDGMENT (Per P.B.Majmudar, J) :

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Heard the learned Counsel for the respective parties.

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By these petitions, the petitioners have prayed for directions to respondent no.3 to continue to pay the petitioners the salary payable to the Senior Clerks. It is also prayed that respondent no. 2 be directed to grant approval to the bye-laws framed by respondent no.3. The Bye-laws have been sent to the State Government for its approval in connection with the service conditions of the employees. The grievance of the petitioners is that, initially, though the higher pay scale of Senior Clerks was given to them, however, later, one of the petitioners was informed by the Chief Officer on 3.2.1994 that, regarding the pay scale given to the petitioners, audit objection was taken on the ground that the higher pay scale cannot be granted to the petitioners as the approval to the bye-laws has not been received by them from respondent no.2. Thereafter, the bye-laws were sent to respondent no.2 for grant of approval. But neither the approval has been granted nor any decision is taken in this behalf till today. It is submitted by the learned Counsel for the petitioners that some of the petitioners have died and some of them have retired from service

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and they are also not given pensionary benefits on the ground that unless higher pay scale is approved, their pension cannot be fixed in the higher

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pay scale and hence, the petitioners, after retirement, are without pension on the basis of higher pay scale offered to them.

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In view of the afore-mentioned facts, we direct respondent no.2 to take decision regarding grant of approval to the bye-laws sent by respondent no.3 without delay and in any case within a period of six weeks from today as some of the employees have died and some of them have retired, who cannot be made to wait for getting their pensionary benefits. If respondent no.2 grants approval, the pensionary benefits of each of the petitioners should be revised accordingly.

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In view of the above observations and directions, the petition is disposed of. Rule is made absolute accordingly.

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JUDGE JUDGE

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jaiswal

Srinivas S/O. Kapildeo Tiwari and 11 Ors. v. State of Maharashtra and 3 Ors.

Case brief

What is this about?

What did the court decide?

Srinivas S/O. Kapildeo Tiwari and 11 Ors. v. State of Maharashtra and 3 Ors.

Case brief

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What did the court decide?

What the court decided

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