Francis Chettiar And ANR v. St.Xavier'S Technical Institute And 3 ORS

14. WP 2093.14.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2093 OF 2014 Francis Chettiar and Anr.

... Petitioners V/s.

St. Xavier's Technical Institute and Ors.

...Respondents

Mr. C.R. Sadasivan a/w. Mr. Anup Dhannawat for the Petitioners Mr. R.S. Tripathi i/b. C.K. Thomas & Associates for the Respondents 1 and 2 Mr. Milind More, AGP for the Respondent - State CORAM : SUNIL B. SHUKRE & AMIT BORKAR, JJ.

DATE : 14 FEBRUARY 2022 P.C. :- Heard the learned Counsel for the parties.

2.

It is seen from the reply filed on behalf of the Respondent Nos. 1 and 2 that the Respondent Nos. 1 and 2 have sanctioned the payment of dues to the Petitioners arising on account of application made to them for the benefits arising from recommendations of payment of 7th Pay Commission. The first installment has already been paid to the Petitioners. However, what remains is the payment of remaining installments that is 2nd , 3rd , 4th and 5th and also the revision of the pension of the Petitioners in

14. WP 2093.14.doc accordance with the 7th Pay Commission recommendations. The learned Counsel for the Petitioners submits on instructions that the Petitioners would take leave of the Court to make representation to the Respondent Nos. 1 and 2 for payment of the remaining installments in one go or at the earliest and also the revision of their pension as per the 7th Pay Commission recommendations for the reason that the Petitioners have now superannuated. 3.

Having considered the rival submissions, we are of the view that the main grievance of the Petitioners has already been resolved and now the matter only is restricted to the payment of remaining installments of 7th Pay Commission and also revision of the pension payable to the Petitioner at the earliest and for this purpose, the representation can be made by the Petitioners so that it could be appropriately considered by the Respondent Nos. 1 and 2. Accordingly, we grant liberty to the Petitioners to make suitable representation to the Respondent Nos.1 and 2, which may be made within four weeks and we further direct that upon receipt of such representation by the Respondent Nos.1 and 2, same shall be decided by the Respondent Nos. 1 and 2 at the earliest preferably within four weeks from the receipt thereof in accordance with law. 4.

The Writ Petition is disposed of on the above terms. No costs.

AMIT BORKAR, J.

SUNIL B. SHUKRE, J.

JYOTI PRAKASH PAWAR JYOTI PRAKASH PAWAR Date: 2022.02.15 11:43:06 +0530