1 wp4267.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4267 OF 2009 01. Shri Mahadeo s/o Marutirao Magar age 60 years, occupation : Nil, r/of Om Shanti Niwas, Umbre Kotha,, Osmanabad, District Osmanabad Petitioner versus 01. The State of Maharashtra, through its Secretary, Co-operative Department Mantralya, Mumbai. 02. The Managing Director, Maharashtra State Co-operative, Marketing Federation Limited, Kanmoor House, Narshi Natha Street, Mumbai - 400 009. 03. The Manager (Admn.), Maharashtra State Co-operative, Marketing Federation Limited, Kanmoor House, Narshi Natha Street, Mumbai - 400 009. 04. The Accounts Officer, Pension Scheme,' The Regional Provident Fund Commissioner Office, Bhavishya Nidhi Bhavan, Bandra (East) Mumbai- 400 051. 05. The District Marketing Officer, Chatrpati Shivaji Yard, Tuljapur Road, Osmanabad, District Osmanabad. Respondents ------ Shri A.S.Londhe, Advocate, for Petitioner. Shri S.S. Tope, Advocate for Resp Nos. 2 and 3. Shri K.B.Choudhary, Adv. for Resp. No. 4. ------ 2 wp4267.09 Coram: Smt. Nishita Mhatre & M.T.Joshi, JJ. Judgement reserved on : 08.07.2011 Judgement pronounced on : 20.07.2011 P. C. 01. The facts in the present case are similar to the facts in Writ Petition No. 4274 of 2009. 02. For the reasons stated in our judgment delivered today in Writ Petition No.4274 of 2009, this petition is also allowed. The petitioner will be entitled to pension with effect from 1.5.2004 and not from 27.1.2005 as paid by Respondent No.4. Accordingly, he will be entitled to arrears of pension for ten months. The petitioner will also be entitled to arrears of pay, leave encashment, gratuity and also recalculation of the pension on the basis of the pay-scale to which he is entitled as per the recommendations of the 5th Pay Commission, which had been made effective for the employees of Respondent No.2 from 1.6.2003. The petitioner would also be entitled to interest 3 wp4267.09 at the rate of 6 per cent per annum on the delayed payment of pension under the Voluntary Retirement Scheme. 03. In the circumstances, the Petition is allowed. Rule made absolute, accordingly, with costs quantified at ` 2000/= payable by Respondent Nos. 2, 3 and 5 to the petitioner. (M. T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) pnd/wp4267.09