Shri. Dattatraya Vitthal Pawar v. The Secretary, Planning Department
Case at a glance
Outcome
Disposed of
Application is disposed of
Key paragraphs
- Para 44. With this direction, the Writ Petition along with Interim Application is disposed of. NEETA SHAILESH SAWANT (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) NEETA SHAILESH SAWANT
Judgment
Shri. Dattatraya Vitthal Pawar .....Petitioner V/s. The Secretary, Planning Department and Ors. .....Respondents ----- Mr. Kiran Bapat, Senior Advocate I.by. Y.B. Lengare, Mrs. Suman Y. Lengare and Ms. Snehal Avhad Advocate for the petitioner. Mr. Pankaj Deokar, Advocate for respondent no.4 in WP(St.) No. 10460- 2019 and for respondents no.10 & 11 in W.P.-12167-2019. Mr. Vishwasrao Deokar a/w. Ms. Vishaka Patel , Advocate for respondent no.7 & 12, 14. Mr. Nitin Deshpande, Special Counsel a/w. Mrs. R.A. Salunkhe, AGP for State. CORAM : S.V. GANGAPURWALA, ACTING CJ & SANDEEP V. MARNE, J. DATE : 30 th MARCH, 2023. P.C. :
Petitioner seeks direction to extend benefits of Government Resolution dated 1st December, 1995 and 21st April, 1999. Rane
It is not disputed that petitioner in the present writ petition, was Muster Assistant. Petitioner was dismissed from service. He filed dispute with the Industrial Court. The Industrial Court allowed the dispute and granted reinstatement but did not grant permanency. The details of petitioner and the respective dates are detailed as under : Name of Petitioner Date of Appointment Terminatio n SR .N O. Reference IDA No./Complaint/ Revision No. and Decision High Court Writ Petition Reinstatemen t as per Court Present Status
1. Dattatraya Vitthal Pawar through LRs
28.07.1973
30.12.1988 69/1989 Allowed on 04.01.1995 Rev. No.06/1997 filed by Dy. Eng. ZP Allowed on 15.03.2000. Rule ad- interim prayer “c” on 29.04.2004 pending
16.01.1995 Muster Assistant Retired on 31.10.2013
As far as Petitioner is concerned, he has approached the Industrial Court. The Industrial Court had passed an order reinstating him but has not granted permanency. In that event, the judgment of the Apex Court in the case of Shaikh Miya S/o. Shaikh Chand etc. vs. State of Maharashtra dated 7th September, 2022 in Civil Appeal No. 6531-6533 of 2022 will be relevant. In that judgment, it is observed that the persons who have been absorbed over a period of time post 31st March, 1997, for pensionable services, reckoning date will be 31st March, 1997 and such of the persons who have rendered pensionable services will be entitled to that benefit. In view of that, the petitioner shall be considered as permanent from 31st March, 1997 and the pensionable benefits shall be granted to him considering his services with effect from 31st March, 1997, as expeditiously as possible.
Operative part
With this direction, the Writ Petition along with Interim Application is disposed of. NEETA SHAILESH SAWANT (SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) NEETA SHAILESH SAWANT
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.