Kashinath Piraji Kamble v. The State Of Maharashtra And ORS

4-wp.852.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.852 OF 2012 Kashinath Piraji Kamble ..Petitioner Vs.

State of Maharashtra ..Respondent ---- Mr.N.P.Patil-Jamalpurkar, Advocate for petitioner Mr.S.B.Joshi, AGP for respondent no.1 Mr.Ajinkya Deshmukh, Advocate h/f. Mr.A.V.Hon, Advocate for respondent nos.2 to 4 ---- CORAM : S.V. GANGAPURWALA AND R.G. AVACHAT, JJ.

DATE : DECEMBER 10, 2018 PER COURT The petitioner seeks direction against the respondents to finalise, sanction and release all the pensionary benefits to him.

2.

Mr.Patil, the learned Counsel for the petitioner, submits that during the pendency of the

4-wp.852 Writ Petition, the inquiry has been completed and the liability of the petitioner is reduced to Rs.41,621/-. An affidavit is filed by the respondents to the effect that 90% pension is already sanctioned and disbursed to the petitioner and only 10% amount is remained to be paid. He submits that because of the recoveries of the petitioner, the full pension was not sanctioned.

3.

The petitioner has placed on record the report submitted by the Block Development Officer to the Deputy Chief Executive Officer, Zilla Parishad, Latur, dated 11.01.2008.

4.

The matter is pending since 2012. By this time, the authority must have come to a conclusion. 5.

In the circumstances, the respondents shall finalise the amount payable to the petitioner, after considering the liability, as determined by the authority - Block Development Officer, within eight weeks from today. Thereafter, the respondents shall

4-wp.852 make payment of the admissible amounts of Provident fund, gratuity, the other retiral benefits and the pension, after considering the recovery to be made by them, as determined by the competent authority, within a period of three months.

6.

The Writ Petition is accordingly disposed of. No costs.

[R.G. AVACHAT, J.] [S.V. GANGAPURWALA, J.] kbp