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Bombay High CourtRPW/140/2015disposed off

Gour Chandra Duta v. Union Of India Through The General Manager And ORS

2015-11-26Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Anoop V. Mohta2 pages

dgm 1 1-rpw140.15-in chamber-db with Shriram J.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION REVIEW PETITION NO. 140 OF 2015 IN WRIT PETITION NO. 1540 OF 2008 Gour Chandra Dutta .

....Applicant/ Petitioner.

Vs.

Union of India and ors ....Respondents.

Mr. Gour Chandra Dutta, Applicant/Petitioner present in person. Mr. Suresh Kumar for respondents 1 to 4.

CORAM : ANOOP V. MOHTA & K. R. SHRIRAM, JJ.

DATE : 26 November 2015.

(CHAMBER MATTER) P.C.:- No case for review is made out. However, it is clarified, after hearing both the parties, that the Petitioner is entitled to continuity of service upto 20.04.2015, i.e., the date of judgment. It means that the Petitioner would be deemed to have retired on 20.04.2015 and will be entitled to be paid retiral dues as on that date. The amount already paid shall be deducted from this amount payable. The balance amount payable, as mentioned in paragraph 29(3) of the judgment, shall be paid with interest at 8% per annum until 1/2

dgm 2 1-rpw140.15-in chamber-db with Shriram J.sxw payment/realisation. In view of delicate health condition of the Petitioner, the Respondents are directed to complete the calculation and pay the amount on or before 15 January 2016. It is also clarified that in view of what is mentioned in paragraphs 27 and 28, no back wages are payable. The Review Petition is accordingly disposed of. There shall be no order as to costs.

(K. R. SHRIRAM, J.) (ANOOP V. MOHTA, J.) 2/2