Anandabai Shivaji Sutar v. The Municipal Council Udgir Through Its Chief Officer

wp2956.17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2956 OF 2017 Anandabai wd/o Shivaji Sutar (Gaikwad), Age : 52 years, Occup. Household, r/o Talves Galli, Udgir, Tq. Udgir, Dist. Latur ..PETITIONER

VERSUS

The Municipal Council, Udgir, Tq. Udgir, Dist. Latur, Through its Chief Officer ..RESPONDENT Mr P.G., Advocate for petitioner;

Mr P.V. Barde, Advocate for respondent CORAM : SHANTANU S. KEMKAR & NITIN W. SAMBRE, JJ.

DATE : 29th August, 2017 P.C.

The petitioner claims to be widow of deceased who was working with the respondent - Municipal Council. Her grievance is that she has not been paid the entire retiral benefits of her husband. 2.

Learned Counsel for the respondent - Municipal Council, on instructions, submits that due to discrepancy in the name of the petitioner there was some delay and the other reason for the delay is the financial constraint of the Council as the Council is not in a position to pay the dues. 3.

Undisputedly, the petitioner's husband died on 23rd April, 2012 and the amount is required to be paid within a reasonable time.

wp2956.17 (2) 4.

In the circumstances, keeping in view the various orders passed by this Court from time to time, we dispose of this petition by directing the respondent to pay balance legitimate dues of the petitioner's husband to the petitioner as expeditiously as possible and preferably within a period of three months from today along with interest at the rate of 6% per annum. In case after the payment is made any amount is still found to be due, it would be open for the petitioner to make a representation in that regard before the respondent - Municipal Council.

5.

With aforesaid directions, petition is disposed of. (NITIN W. SAMBRE, J.) (SHANTANU S. KEMKAR, J.) amj