Allowed

Vijay Madhukar Raut and Others v. the Director of Municipal Administration, Mumbai and Others

Bombay HC21 Oct 2021WP/6172/2019

Case brief

AI extract

What is this about?

In this writ petition, the Bombay High Court Nagpur Bench allowed the petitioners' claim for service and pensionary benefits. The court held that they are similarly situated to employees in WP No.7407 of 2018. Consequently, the New Pension Scheme dated 31.10.2005 was declared inapplicable, and action taken thereunder was directed to be withdrawn.

What did the court decide?

Allowance of petition; direction to extend service and pensionary benefits with effect from date of State Government sanction; declaration that New Pension Scheme dated 31.10.2005 is not applicable; w

Vijay Madhukar Raut and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2021)

¶1

428-wp 6172-19-

¶2

1/3

¶3

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

¶4

WRIT PETITION NO. 6172 OF 2019

¶5

PETITIONERS :- 1. Vijay Maedhukar Raut, aged about 56 yrs, Occup.Service.

¶6

1. Yashwant Shankar Meshram, aged about 51 yrs, occup.Service.

¶7

1. Asha Madhukarrao Palandurkar, aged about 56 yrs, occup.Service.

¶8

1. Shrikant Sudam Anjankar, aged about 57 yrs, occup.Service.

¶9

1. Smt.Jamna Ishwar Tambekar, aged about 53 yrs, occup.Service.

¶10

1. Smt.Chaya Rodanlal Samudre, aged about 51 yrs, occup. Service.

¶11

1. Smt.Vithabai Shamrao Kuhikar, Aged about 55 yrs, Occup. Service. All R/o C/o Vijay Madhukarrao Raut, Peth Budhawari, Umred, 441203 Dist.Nagpur.

¶12

...VERSUS...

¶13

RESPONDENTS :- 1. The Director of Municipal, Administration, Sir Pochkhanwala Marg, Government Transport Building, Worli, Mumbai.

Kavita

428-wp 6172-19-

2/3

The Regional Director of Municipal Administration, Nagpur Division, Nagpur.

¶18

Municipal Council, Umrer, through its Chief Officer, Umrer, District Nagpur.

¶19

Mr. S.W. Sambre, counsel for the petitioners. Mr.S.A.Sahu h/f Mr. M.I.Dhatrak, counsel for respondent No.3.

¶20

CORAM : SUNIL B.SHUKRE &

¶21

ANIL S.KILOR, JJ.

¶22

DATE : 21.10.2021.

¶23

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.)

¶24

Heard.

¶25

Rule. Rule made returnable forthwith. Heard finally

¶26

by consent of the learned counsel appearing for the parties.

¶27

The reply of the respondent No.3, the only respondent against whom, relief is claimed, admits that the petitioners are similarly situated to the petitioners in Writ Petition

Kavita

3/3

428-wp 6172-19-

No.7407 of 2018 decided by this Court on 29.04.2019 and therefore, are covered by the view taken in that petition.

¶32

In view of the above, the petition is allowed. Respondent No.3 is directed to extend all those service and pensionary benefits to the petitioners with effect from the date of sanction accorded by the State Government. We also declare that New Pension Scheme dated 31.10.2005 is not applicable to the petitioners and we further, direct that whatever action taken in that regard by respondent No.3 shall be withdrawn by it.

¶33

Rule accordingly. No costs.

¶34

(ANIL S. KILOR,J) (SUNIL B. SHUKRE,J)

¶35

Kavita

Vijay Madhukar Raut and Others v. the Director of Municipal Administration, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Vijay Madhukar Raut and Others v. the Director of Municipal Administration, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S. Vinayak Stones, Amravati, Thr. Authorised Partner, Saket S/O. Ajay Mehta Vs State of Maharashtra, in the Ministry of Revenue and Forest, Thr. Its Secretary, Mumbai and Others

Ramkrushna S/O Pandurangji Katre Vs State of Maharashtra, Ministry of Revenue and Forest, Mumbai through Secretary and Others

Deepali Wd/O Vilasrao Pande Vs State of Maharashtra, Ministry of Revenue and Forest, Mumbai through Secretary and Others

Gajanan S/O Kisanrao Bhadke Vs State of Maharashtra through Secretary, Rural Development Department, Mumbai and Others

M/S Omprakash Shivprakash, Akola, Thr. Partner, Ajayprakash Kaluram Agrawal and Others Vs Punjab National Bank Akola, Thr. Its Branch Manager and Another

Kaluram Food Products Ltd., Akola, Thr. Its Director, Ajayprakash K. Agrawal and Others Vs Punjab National Bank Thr. Its Branch Manager, Akola and Another