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  4. 2024/
  5. January

Smt. Minakshi Parshuram Pavekar Nee Minakshi Krishna Dahiwalkar vs. the State of Mahrashtra Finance Dept. and Ors

Decided on 31 January 2024• Citation: WP/16173/2023• Bombay High Court
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                  Husen                                                           
                                                           25 WP-12171-2023 group.doc
                      IN THE HIGH  COURT   OF JUDICATURE   AT BOMBAY              
                              CIVIL APPELLATE   JURISDICTION                      
                             WRIT  PETITION  NO.  12171 OF 2023                   
                  Digambar S/o Madhukar Bhalerao              ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   
                             WRIT  PETITION  NO.  12175 OF 2023                   
          Digitally signed                                                        
          by                                                                      
    HUSENBASHA HUSENBASHA                                                         
    RAHAMAN RAHAMAN                                                               
          NADAF                                                                   
    NADAF                                                                         
          Date: 2024.02.07 Smt. Teja Rajaram Baikar Nee Lata Dhondiba Pawar ...Petitioner
          15:45:20 +0530                                                          
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   
                             WRIT  PETITION  NO.  12174 OF 2023                   
                  Azimunnisa Saheblal Subedar                                     
                  Nee Anjumunnisa A. Sattar Deshmukh          ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   
                             WRIT  PETITION  NO.  12173 OF 2023                   
                  Nana S/o Bhanudas Raut                      ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   
                             WRIT  PETITION  NO.  12172 OF 2023                   
                  Venugopal S/o Siddaiah Konda                ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      

                                              2                                   
                  Husen                                                           
                                                           25 WP-12171-2023 group.doc
                                           WITH                                   
                             WRIT  PETITION   NO. 6598 OF 2023                    
                  Dhananjay S/o Vitthal Panhalkar             ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   
                             WRIT  PETITION  NO. 12830 OF  2023                   
                  Chandrakant S/o Dhondiram Desai             ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   
                             WRIT  PETITION  NO.  16173 OF 2023                   
                  Smt. Minakshi Parshuram Pavekar                                 
                  Nee Minakshi Krishna Dahiwalkar             ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   
                             WRIT  PETITION  NO. 13343 OF  2023                   
                  Umakant S/o Ramchandra Kulkarni             ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   
                             WRIT  PETITION  NO. 12828 OF  2023                   
                  Vishnu S/o Shankar Patil                    ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                           WITH                                   

                                              3                                   
                  Husen                                                           
                                                           25 WP-12171-2023 group.doc
                             WRIT  PETITION  NO.  16174 OF 2023                   
                  Ratan Ananda Tadakhe                        ...Petitioner       
                      Versus                                                      
                  The State Of Maharashtra And Ors.           ...Respondents      
                                            …….                                   
                  Mr. Arvind G. Ambetkar, for Petitioner in all Petitions.        
                  Mr. V.M. Mali, AGP in WP/12171/2023.                            
                  Mr. K. S. Thorat, AGP in WP/12175/2023.                         
                  Mr. N.M. Mehra, AGP in WP/12174/2023 and WP/12173/2023.         
                  Mr. A.a. Purav, AGP in WP/12172/2023.                           
                  Mr. M.M. Pabale, AGP in WP/6598/2023 and WP/12830/2023.         
                  Mr.  S.B. Kalel, AGP  in WP/16173/2023,  WP/16174/2023,         
                  WP/13343/2023  and WP/12828/2023.                               
                                            …….                                   
                                               CORAM   : NITIN  JAMDAR  &         
                                                         M.M. SATHAYE,  JJ.       
                                               DATE    : 31 JANUARY 2024          
                  P.C.:                                                           
                  .   The Petitioners have relied upon the decision of this Court in
                  Writ Petition No. 4748 of 2019 dated 1 October 2021 which itself
                  referred to several decisions of this Court rendered earlier. According
                  to the Petitioners, the Petitioners have worked as Librarians or
                  Assistant Teachers prior to 1 November 2005. It is not that     
                  Petitioners cannot get any relief as per the old pension scheme but
                  the same is based on certain conditions. However, we note that the
                  Petitioners have directly approached this Court without making any
                  prayer to the Respondent Authorities regarding the prayers made in
                  these Petitions.                                                

                                              4                                   
                  Husen                                                           
                                                           25 WP-12171-2023 group.doc
                  2.  We   therefore dispose of these Petitions permitting the    
                  Petitioners to apply to concerned authorities. The Petitioners will
                  annex to the applications, the decisions of this Court. The concerned
                  authority upon receipt of the Petitioners’ representations /    
                  applications, will deal with the decisions so cited and pass reasoned
                  orders. We make it clear that if the Respondent authorities ignore the
                  decisions of this Court while passing the order or seek to distinguish
                  them on untenable grounds, the Court will view such an act with 
                  seriousness. If the representations are made within a period of 2
                  weeks, the Respondent Authorities will take a decision within a 
                  period of 10 weeks thereafter subject to earlier time bound     
                  commitments and pressing public duties.                         
                  3.  The  learned AGP states that the decision of the Writ Petition
                  No. 4748 of 2019 is challenged by the State Government. However,
                  we are neither informed that there is an interim order. Also the
                  decision in Writ Petition No. 4748 of 2019 has not taken a view at
                  the first instance. It has followed the decisions laid down by this
                  Court over a period of time and we are not informed that these  
                  decisions are subject matter of challenge before the Hon’ble Supreme
                  Court.                                                          
                  ( M.M. SATHAYE, J.)                  ( NITIN JAMDAR,  J.)