HIGH COURT OF BOMBAY
HON'BLE SMT. JUSTICE V. V. KANKANWADIHON'BLE SHRI JUSTICE KISHORE CHANDRAKANT SANTHON'BLE SHRI JUSTICE ARUN R. PEDNEKER
BABURAO MOHANRAO BAWANE AND OTHERS – Appellant
Versus
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS – Respondent
JUDGMENT :
Kishore C. Sant, J.
1. A reference being made by a Division Bench of this Court on the following issues of law by an order dated 17.10.2023, this Full Bench is constituted by the Hon’ble Chief Justice.
“(a) Whether the view taken in Ganesh Mohan Bagul (supra) lays down the correct position of law in the light of the language used in Clause 12 of the Government Circular dated 12/12/2000, considering the Government Resolution dated 04/09/2018, which discontinues the monetary benefits?
(b) Considering Clause 12 of the Government Circular dated 12/12/2000, whether the view taken in Sarjerao Shamrao Gadade (supra) and Waseem Farhat Khalil Farhat (supra), can be said to lay down the correct position of law?”
2. The above questions were formulated as the Division Bench noticed contradictory views of two Division Benches in Ganesh Mohan Bagul & Ors. Vs. The State of Maharashtra & Ors. in WP No.15209 of 2019 decided on 24.08.2022 (Aurangabad Bench) and in Waseem Farhat Khalil Farhat & Ors. Vs. State of Maharashtra & Ors., in Writ Petition No. 94 of 2021 decided on 24.01.2023 [Nagpur Bench].
3. The conflict in the views expressed in these two decisions is in regard to the effect of dele
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