Allowed

Suvarna Anna Patil v. the State of Maharashtra and Anr.

Bombay HC1 Nov 2018WP/10123/2017

Case brief

AI extract

What is this about?

The writ petitioner, a superannuated Junior Clerk, sought revision of her pay scale and pension arrears. The High Court directed the Municipal Corporation to grant additional increments and time-bound pay scale benefits. The court ordered the correction in pension and disposal within eight weeks.

What did the court decide?

Directed Respondent Corporation to consider application for increments and pay scale benefits, rectify pension, within 8 weeks.

Suvarna Anna Patil Vs the State of… — Pension and Retirement Benefits | Bombay HC (2018)

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(12) wp-10123.17.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.10123 OF 2017

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Suvarna Anna Patil versus

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: Petitioner

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The State of Maharashtra & anr. : Respondents.

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Mr. N Y Chavan for the Petitioner. Mr. B V Samant, AGP for the Respondent/State. Mr. P P Jadhav for the Respondent No.2

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CORAM : R. M. SAVANT & NITIN W. SAMBRE, JJ. DATE : 01^st NOVEMBER 2018

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P.C.

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1 The Petitioner above named was working as a Junior Clerk with the Respondent No.2 Municipal Corporation and has superannuated. The Petitioner claims revision of her pay scale by adding two increments on account of her improvements in the qualification since 1995 and to pay her arrears on the said basis. The Petitioner by prayer clause (ii) claims the relief that the Petitioner be granted first time bound pay scale as also second time bound pay scale after 12 and 24 years of service.

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2 There is no dispute about the fact that the Petitioner's services have been regularized and on account of the order passed by the State Government dated 29/09/2018 (Exhibit R-J-1, page 75) relaxing the age of appointment for the Petitioner. It is also not disputed that the Petitioner is being paid pension but without giving her the aforesaid benefits. The fact that

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lgc

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the policy of the State Government to give first time bound benefit after putting in 12 years of service and the second time bound benefit after putting in 24 years of service is applicable to Municipal Corporations is not in dispute.

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3 In our view, therefore it would be just and proper to issue the following directions to the Respondent No.2 Corporation.

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A] The Respondent No.2 Corporation to consider the case of the Petitioner for additional increments on the basis of her acquiring better qualification in the year 1995 during the tenure of her services as also consider her case for first as well as second time bound pay scale benefit after 12 and 24 years of service. If the Petitioner is entitled to such benefits then requisite correction in the pension payable to the Petitioner be carried out. The aforesaid exercise to be carried out within 8 weeks from date. With the directions as aforesaid, the above Writ Petition is disposed of.

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[NITIN W. SAMBRE, J] [R. M. SAVANT, J]

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Suvarna Anna Patil v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Suvarna Anna Patil v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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