Renukadas Pandit Manthekar v. Dr. Praveen Laxman Nikam, The Chief Officer And ANR.

sat cp 119-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 119 OF 2020 Renukadas Pandit Manthekar

...Petitioner

vs.

Dr.Praveen Laxman Nikam, The Chief Officer, Trimbakeshwar Nagar Palika, Nashik & Anr.

...Respondents

Mr.Kanhaiya S. Yadav i/b. Neel G. Helekar for Petitioner. Mr.Rameshwar N. Gite for Respondent No.1.

CORAM : S.C. GUPTE, J.

DATE : 5 MARCH 2020 P.C. :

This contempt petition alleges breach or disobedience of an order passed by this court on 31 July 2019 in Writ Petition No.6016/2019. It appears that the Respondent Council has already passed a resolution giving sanction for payment of pensionary dues of the Petitioner, subject to the administration satisfying itself about the legal provisions in that behalf. The decision has been communicated to the administration, who, by its order dated 28 February 2020, has accepted the Petitioner' s claim for pension on the basis of his regularization with effect from 6 May 2000. Learned Counsel for the Respondent Counsel tenders a compilation of documents in this behalf. The same is kept on record, marked "X" for identification. In view of these documents, the grievance of the Petitioner does not survive.

The contempt petition is, accordingly, disposed of by directing the Respondent Council and its Chief Officer to implement the resolution of 1 / 2

sat cp 119-2020.doc the Municipal Council passed on 4 September 2019 and the order of 28 February 2020 and pay his pension accordingly. It is, however, clarified that if and to the extent the Petitioner herein is aggrieved by the conditions formulated by the Municipal administration for payment of his pensionary dues, the Petitioner will be at liberty to adopt such appropriate proceedings as may be permissible to him in law.

(S.C. GUPTE, J.) by Sanskruti A.

Thakur Date:

2020.03.11 01:39:07 +0530 Sanskruti A.

Thakur 2 / 2