Dismissed

Nagnath Govind Biradar v. the State of Maharashtra and Others

Bombay HC8 Jun 2018RA/64/2018

Case brief

AI extract

What is this about?

The High Court dismissed two review applications concerning pension benefits for employees regularized in 2015. The court held that no error appeared on the face of the record as the applicants are governed by the Defined Contributory Pension Scheme and the impugned order was correctly passed.

What did the court decide?

Review applications were dismissed with no costs.

Nagnath Govind Biradar Vs the State of… — Pension and Retirement Benefits | Bombay HC (2018)

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1 ra 63.18+

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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REVIEW APPLICATION (CIVIL) NO. 63 OF 2018 IN

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WRIT PETITION NO. 7991 OF 2016

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Gajrabai Sonba Andhare .. Applicant Versus The State of Maharashtra and others .. Respondents

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Shri Anand V. Patil Indrale, Advocate for the Applicant. Shri S. B. Yawalkar, Addl.G.P. for Respondent No. 1. Shri M. N. Navandar, Advocate for Respondent Nos. 2 and 3.

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WITH

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REVIEW APPLICATION (CIVIL) NO. 64 OF 2018 IN

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WRIT PETITION NO. 7992 OF 2016

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Nagnath Govind Biradar .. Applicant Versus

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The State of Maharashtra and others .. Respondents

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Shri Anand V. Patil Indrale, Advocate for the Applicant. Shri S. B. Yawalkar, Addl.G.P. for Respondent No. 1. Shri B. A. Shinde, Advocate for Respondent Nos. 2 and 3. Shri M. N. Navandar, Advocate for Respondent Nos. 2 and 3.

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CORAM : S. V. GANGAPURWALA & S. M. GAVHANE, JJ.

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DATE : 8 th June, 2018

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2 ra 63.18+

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PER COURT :

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Mr. Patil, learned counsel for the applicants submits that in case of similarly situated persons the benefit of their prior services has been given as per Rule 57 of the Maharashtra Civil Services (Pension) Rules, 1982. However the applicants have been discriminated. The learned counsel submits that, the applicants have been working much prior to the year 2000 and they were regularised under the orders dated 8.12.2015 and 21.12.2015 respectively with retrospective effect. Clause No. 12 of the orders would not apply to the present applicants, as the applicants were not appointed after 31.10.2005 but was working much prior to the said date.

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The scope of review would be in a narrow compass. The same would not be treated as an appeal in disguise. While disposing of the writ petitions, we had considered that the petitioners came to be retrenched in the year 2000 and thereafter were appointed on the vacant post under orders dated 8.12.2015 and 21.12.2015 respectively. The Government Resolution dated 24.7.2015, pursuant to which policy decision was taken to

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3 ra 63.18+

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regularise such employees states that those who are regularised as per Government Resolution they would be governed by the Defined Contributory Pension Scheme (hereinafter referred to 'DCPS') scheme implemented pursuant to Government Resolution dated 31.10.2005. Even the Government Resolution dated 16^th November, 2015, gives the list of employees who are regularised and also lays down the condition that these employees would be governed by DCPS and the Government Resolution dated 31.10.2005. The said conditions were never assailed in the petitions.

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Considering the above, no error apparent on face of the

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record. Review Applications, as such, are dismissed. No costs.

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[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.]

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marathe

Nagnath Govind Biradar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Nagnath Govind Biradar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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