Kadubal Genuji Magare And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:5855-DB *1* 910wp1837o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO. 1837 OF 2024 KADUBAL GENUJI MAGARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Shri Vishnu Y. Patil, Advocate for the Petitioners. Shri S.K. Tambe, AGP for Respondents 1 and 2/State. ...

CORAM : RAVINDRA V. GHUGE & R.M. JOSHI, JJ.

DATE :- 13th March, 2024 Per Court :- 1.

Despite service of court notice, none has appeared for Respondent No.3.

2.

Petitioner Nos.1 to 4 are retired employees of Respondent No.3. Petitioner No.5 is the widow of a similar retired employee. According to the learned Advocate for the Petitioners, since Respondent No.3/ Municipal Council does not have sufficient funds, retiral benefits of several employees have been withheld. Our attention is drawn to the copies of the orders of pension and retiral benefits passed by Respondent No.3 at page Nos.12 to 22. As such, this aspect in undisputed.

*2* 910wp1837o24 3.

In several such matters, we have directed the Municipal Council to clear the retiral benefits of the employees in three equated monthly installments.

4.

In view of the above, this Writ Petition is disposed off with the following directions:- (a) Respondent No.3/ Municipal Council shall clear the retiral benefits of the Petitioners in three equated monthly installments.

(b) The first installment shall be paid to these Petitioners, inclusive of the widow, on or before 05th May, 2024. The second and the third installments shall be paid on or before 05th June, 2024 and 05th July, 2024.

(c) Interest on the unpaid amounts shall be computed at the rate of 6% per annum and the interest component shall be added while calculating the retiral benefits and would be a part of the three equated installments.

kps ( R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )