RAIBHAN S/O KISAN UBHEDAL Vs. THE STATE OF MAHARASHTRA.
HIGH COURT OF BOMBAY (AT: NAGPUR)
Raibhan S/O Kisan Ubhedal
The State Of Maharashtra.
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(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
(2.) By this petition, the Petitioner has put forth prayers at clauses B, C, D, E and F as under:-
"B) By issuing writ of mandamus or writ in the like nature it may be declared that the petitioner is eligible for grant of pension under Maharashtra Civil Services Pension Rules, 1982.
C) Hold and declare that the Circular dated 15.04.2009 issued by the respondent No.1, Secretary, Planning Department, Mantralaya, Mumbai is bad, void and unconstitutional.
D) By order or directions or any other writ in like nature, the respondent No.2 may be directed to consider proposal of the petitioner for grant of pensionary benefits.
E) Pending hearing and final disposal of this Writ Petition, Respondent No.2 to be directed to consider the claim of the petitioner for grant of provisional pension.
F) By issuing writ of mandamus or any other writ in like nature, Respondent No.1 and 2 may be directed to count his past service in view of judgment and order dated 20.12.1994 in Complaint (ULP) No.305/1989 passed by the learned Member, Industrial Court, Ahmednagar, for grant of pensionary benefits till the date of his superannuation."
(3.) The learned Advocate for the Petitioner, during the course of his submissions, has made a statement on 16.11.2017 that prayer clause "C" is not pressed by the Petitioner and the Petitioner seeks relief only in terms of prayer clauses "B", "D" and "F". We have recorded the said statement.;
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