Ashok Nathu Bhosale And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3369 OF 2020 ASHOK NATHU BHOSALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.S.K.Chavan, Advocate for the petitioners.

Mr.G.N.Patil, Advocate for respondent No.9.

Mr.P.B.Vikhe, Advocate for respondent No.11.

Mr.S.G.Sangle, AGP for State.

( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ) DATE : AUGUST 12, 2021 PER COURT :

1.

The petitioner Nos.1, and 3 to 8 are senior citizens, who have retired from employment and petitioner Nos. 2-A to 2-C are the legal heirs of petitioner No.2, who has passed away. They have put forth prayer clause 'B' as under :- "B. To issue writ of mandamus, or any other appropriate writ or order or directions in the like nature thereby, the Respondents may kindly be directed to forthwith, repay/refund the recovered amount of the petitioners."

2.

The learned AGP submits on instructions that the concerned papers with regard to the retiral benefits of the petitioners have been forwarded khs/Aug. 2021/3369

- 2 - to respondent No.1. If the said respondent clears the papers and forwards them to the District Treasury Office at Ahmednagar, the necessary action would be completed within 1 week.

3.

The learned Advocate for the petitioners is satisfied. 4.

This petition is disposed off by recording the statements of the learned Advocates. We are, therefore, issuing the following directions :- [a] Respondent No.11 shall forward the papers of these petitioners to the District Treasury Office at Ahmednagar, on or before 30/08/2021. [b] We expect the District Treasury Office at Ahmednagar to do the needful and make the payments to these petitioners on or before 15/09/2021.

[c] To the extent of payments of amounts, in the case of deceased respondent No.2, the District Treasury Office would deposit the said amount in the bank account of his widow namely Leelabai Rupchand Navale/petitioner No.2.

[d] In so far as petitioner no.8 is concerned, a statement is made that he has already received his legal dues.

[e] With reference to prayer clause 'C', we find it appropriate to observe that the same would be subject to the result of the criminal proceedings pending against petitioner Nos.1 and 3 to 7. ( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. ) khs/Aug. 2021/3369