Asaram Kanashi Patil v. Education Inspector,North Division Greater Mumbai And 4 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1604 OF 2021 Asaram K. Patil

...Petitioner

V/s.

Education Inspector & Ors.

...Respondents

Mr.Anilkumar Patil with Ms.Sonal Rajput for the Petitioner. Mr.A.L. Patki, Additional Govt. Pleader for the State - Respondent Nos.1, 2 and 5.

Mr.Mani Thevar with Ms.Neelima Kirve and Ms.Kavita Sharma i/b M/s.Ganesh & Co. for the Respondent No.3.

CORAM : R.D. DHANUKA & ABHAY AHUJA, JJ.

DATE : 23RD SEPTEMBER, 2021.

P.C. :- 1.

Mr.Patil, learned counsel for the petitioner states that the petitioner has been paid salary till the date of his retirement excluding for the period 11th August, 2017 to 3rd October, 2017. On instructions, learned counsel states that his client would not press for payment of salary for the said period without admitting that the petitioner has committed any offence which is the subject matter of the criminal investigation separately going on. Statement is accepted. 2.

Insofar as the entitlement of the petitioner for payment and other service benefits are concerned, we are informed that the Management has submitted a proposal which was returned and thereafter re-submitted for payment of such retirement benefits including pension to the respondent no.1 and the same is pending. 1/2

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Mr.Patki, learned Additional Government Pleader states that there are certain queries which are required to be solved by the respondent nos.3 and 4 regarding pension papers submitted to the respondent no.1. Statement is accepted.

4.

The respondent no.1 shall point out such clarification, if any, in pension papers submitted by the respondent nos.3 and 4 to the respondent no.1 within one week from today. The respondent nos.3 and 4 shall clarify those issues in the pension papers within two weeks thereafter, without fail. The respondent no.1 shall forward a copy of such letter seeking clarification, if any, in the pension papers also to the petitioner to enable the petitioner to assist the Management to clarify the issues, if any. Upon the respondent no.3 clarifying those issues, the respondent no.1 shall release the amount due and payable to the petitioner within four weeks thereafter, without fail.

5.

The writ petition is disposed of in aforesaid terms. There shall be no order as to costs. The parties would be at liberty to apply in case of any difficulty. Parties to act on the authenticated copy of this order.

(ABHAY AHUJA, J.) (R.D. DHANUKA, J.) 2/2