Mr. Mahadeo Vitthal Pawar v. State Of Maharashtra Through Its Secretary Higher And Technical Education Department And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2542 OF 2021 Mahadeo V. Pawar

...Petitioner

V/s.

State of Maharashtra & Ors.

...Respondents

Mr.V.S. Talkute for the Petitioner.

Mr.N.K. Rajpurohit, AGP for the State - Respondent Nos.1 and 2. Mr.Rajendra Anbhule for the Respondent No.3.

CORAM : R.D. DHANUKA & R.I. CHAGLA, JJ.

DATE : 9TH JULY, 2021.

P.C. :- 1.

Rule. The respondents waive service. With the consent of parties, the matter is heard finally.

2.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks directions against the respondent nos.1 and 2 to complete the formalities regarding grant of pension, gratuity and other benefits to the petitioner as expeditiously as possible and in any event within a period of two months from the date of order or within such period as this Court may deem fit just and reasonable. He further seeks directions against the respondent no.3 to process and forward the petitioner's pension papers, if not already forwarded 1/3

earlier to the respondent nos.1 and 2 as expeditiously as possible and in any event within a period of one month from the date of order or within such period as this Court may deem fit and reasonable. 3.

The petitioner who was in service of the respondent no.3 retired from his services as Assistant class Officer (General) after 27 years of service.

4.

It is the grievance of the petitioner that proposal for his pension, gratuity and other benefits has not been sent by the respondent no.3 to the respondent nos.1 and 2 inspite of the petitioner having retired on 31st May, 2016. The petitioner referred to several correspondence between the petitioner and the respondent no.3 for sending the proposal for approval. However, no action had been taken. The petitioner being aggrieved filed this petition. 5.

Learned counsel for the respondent no.3 states on instructions that the petitioner's pension papers have not been yet forwarded by the respondent no.3 to the respondent nos.1 and 2 and the same shall be forwarded within a period of one week from today. 6.

Learned AGP appearing for the respondent nos.1 and 2 states that upon receipt of the pension papers of the petitioner, the same shall be processed within a period of two months thereafter, and the pension, gratuity and other benefits shall be released to the petitioner if payable to the petitioner by the respondent nos.1 and 2 2/3

to the petitioner within a period of two weeks thereafter. Statement is accepted. It is made clear that in the event of the pension, gratuity and other benefits payable to the petitioner is not released within the period stated above then the petitioner shall be entitled to the payment of pension, gratuity and other benefits with interest at the rate of 6% p.a. for the delayed period.

7.

With the above directions, the petition is disposed of in the above terms.

8.

Rule is made absolute accordingly. There shall be no order as to costs.

(R.I. CHAGLA, J.) (R.D. DHANUKA, J.) 3/3