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2002 Supreme(Bom) 207

R.M.S.KHANDEPARKAR
Suresh Srikrishna Naik (Dr. ) – Appellant
Versus
Department of Social Welfare, State of Maharashtra(through its Secretary & another) – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Heard Mr. Jamdar, learned Advocate for the petitioner and Mr. Sawant, Special Counsel and Mr. Sonawane, learned Assistant Government Pleader, appearing for respondent Nos. 1 and 2. Perused the records.

2. The petitioner's complaint relate to non-compliance of an order dated 18th January, 2000, by the respondents herein. It is a case of the petitioner that the petitioner filed a writ petition challenging discriminatory treatment being meted out to the petitioner who was a teacher in the institution recognised by the social welfare department in as much as that the pensionary benefits were refused to the petitioner though the same were granted to other members of the teaching fraternity in various departments.

3. Undisputed facts are that Writ Petition No. 5467 of 1999 filed by the petitioner was allowed by this Court vide judgment and order dated 18th January, 2000 and it was ordered thus:---

"The decision of the State Government to deny benefits of pension-cum-gratuity scheme to teaching and non-teaching staff of the institutions/colleges under the social welfare department taken on 8th July, 1998 and communicated by the Director, Social Welfar














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