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2021 Supreme(Bom) 366

R.D.DHANUKA, R.I.CHAGLA
Satappa s/o Shrihari Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. Shrikrishna B. Solanke a/w Mr. Govind B. Solanke, Mr. A.I. Patel, Addl. Govt. Pleader a/w Ms. P.J. Gavhane, Mr. Ramesh D. Rane, Mr. Shankar P. Thorat, Mr. Ashutosh Gavnekar i/by Mr.C.G. Gavnekar, Dr. U.P. Warunjikar a/w Mr. Sumit Kate

JUDGMENT :

R.D. Dhanuka, J.

1. Rule. Learned counsel for the respondents waives service. By consent of parties this batch of petitions were heard together and are being disposed of by a common order.

2. Learned counsel for the parties jointly state that the facts and questions of law involved in these petitions are similar and thus the judgment of this Court in Writ Petition No. 3783 of 2016 would apply in the other writ petitions which were heard along with Writ Petition No. 3783 of 2016. Statement is accepted. The parties have addressed this Court in the Writ Petition No. 3783 of 2016 and partly also in Writ Petition No. 1013 of 2019. We will summarized the facts in Writ Petition No. 3783 of 2016.

3. By these petitions filed under Article 226 of the Constitution of India, the petitioners have prayed for a declaration that the petitioners are recruited prior to 1st November, 2005 and therefore are entitled to get the benefits of pension scheme under Maharashtra Civil Services (Pension) Rules, 1982 [for short ‘the said MCS (Pension) Rules) or Old Pension Scheme] and the Maharashtra Civil Services (Commutation of Pension) Rules,1984 (for short ‘the said MCS (Commutation of Pension) Ru

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