Mutyapa Rama Mane v. Kiran Lohar, Education Officer (Secondary) And ORS.

20-cp-333-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 333 OF 2019 Mutyapa Rama Mane ... Petitioner V/s.

Kiran Lohar and ors.

... Respondents ---------------- Ms Fauzia T. Bukhari for the Petitioner.

Mr. A.I. Patel, Addl. Govt. Pleader a/w. Mr. A.P. Vanarse, AGP for Respondent No.1.

----------------

CORAM

:

AKIL KURESHI & S.J.KATHAWALLA, JJ.

DATE :

19th SEPTEMBER, 2019.

P.C.

1] Mr. A.I. Patel, learned Additional Government Pleader appearing for respondent No.1, stated under instructions that despite no cooperation from the school managementrespondent No.3, the State authorities have compiled the pension papers of the petitioner-teacher and forwarded to the Accountant General who would take a final decision on the pension payable to the petitioner.

2] The Accountant General shall complete this process within three months and release the pension payable to the petitioner along with arrears within such time. Dinesh Sherla 1/2

20-cp-333-19.doc 3] Respondent No.3 - school management was principally responsible for compiling the pension papers which even according to respondent No.1 was not done. This appears to be a prima facie reason for non-releasing of the pension of the teacher for some time. Despite service of notice, no one remained present for respondent No.3. We deprecate this inaction and non-cooperation on the part of respondent No.3. 4] In view of the development recorded above, though we do not pursue this Contempt Petition further, nevertheless, respondent No.3 is saddled with costs of Rs.10,000/- to be paid to the petitioner, which shall be paid within a period of four weeks from the receipt of copy of this order. 5] Contempt Petition is disposed of.

(S. J. KATHAWALLA, J.) (AKIL KURESHI, J.) Dinesh Sherla 2/2