Narendra Sadashiv Khandekar And ORS v. Sangli, Miraj And Kupwad Mahanagar Palika Shikshan Mandal, Sangli, Through Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10372 OF 2014 Narendra Sadashiv Khandekar & Ors.

.... Petitioners Vs.

Sangli, Miraj and Kupwad Mahanagar Palika Shikshan Mandal, Sangli & Ors.

.... Respondents Mr. Tejpal S. Ingale for the Petitioners.

Mr. Umesh R. Mankapure for Respondent Nos.1 to 3. Mr. V.M. Mali, AGP, for the Respondent-State. CORAM: S.C. DHARMADHIKARI & M.S. KARNIK, JJ.

DATE : FEBRUARY 22, 2019 P.C:

1.

The point in issue raised in this writ petition is answered by two Division Benches of this Court in the orders delivered in Civil Writ Petition No.1809 of 2013 {Mrs. Lila Shankar Nage & others v. Sabhapati Sangli Miraj Kukpwad Mahanagar Palika Prathamik Shikshan Mandal, Sangli & others} and Civil Writ Petition No.10508 of 2014 {Anil Nabhiraj Patil and others v. Sangli, Miraj and Kupwad Mahanagar Palika

Shikshan Mandal, Sangli and others} with Civil Application No.835 of 2017.

2.

The latter order of this Court passed on 13-12-2017 in Civil Writ Petition No.10508 of 2014 (supra) fully answers the issue.

3.

In view of the orders passed in the said two petitions, the present petition is also disposed of by directing respondent Nos.1 to 3 to forthwith release and transfer the amount of accumulated Provident Fund with accrued interest thereon for the period of service rendered by the petitioners till their transfer in the year 2007 to the new Provident Fund Account of the petitioners opened at the transferred place with Zilla Parishad, Sangli and Kolhapur (Education Department). 4.

It is further directed that, in the case of the petitioner(s), if any, having retired during the pendency of this petition, the Provident Fund dues of such petitioner(s) shall be paid as expeditiously as possible and in any case within a period of eight (8) weeks from today. We make it clear that in the

event the payment is not made to the retired petitioner(s) with the said period, we shall be constrained to take such steps, including directing attaching of the property of the respondent/corporation for releasing the amount payable to such petitioner(s).

(M.S. KARNIK, J.) (S.C. DHARMADHIKARI, J.)