Syed Yusuf Syed Ahmad v. The State Of Maharashtra Through Principal Secretary And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 13 WRIT PETITION NO.3874 OF 2023 SURENDRAKUMAR HIRAMAN PARDESHI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 14 WRIT PETITION NO.3876 OF 2023 SAYED IRFAN SAYED ABDUL KADAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 35 WRIT PETITION NO.3921 OF 2023 KALYAN DEVIDASRAO BHANDWALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 36 WRIT PETITION NO.3922 OF 2023 ROHIDAS SHIVRAM MASKE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 37 WRIT PETITION NO.3923 OF 2023 PANDURANG RAMRAO DUDHAL
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 58 WRIT PETITION NO.3956 OF 2023 BABURAO SANTRAM TARKASE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS AND 74 WRIT PETITION NO.3982 OF 2023 SYED YUSUF SYED AHMAD
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
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Mr.M.K. Deshpande, Advocate for the Petitioner. Mr.P.S. Patil, Mr.S.G. Karlekar, Mr.S.K. Tambe, AGPs for Respondent/State.
Mr.G.K. Thigle, Advocate for Respondent No.5. .....
CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.
DATED : 10th APRIL, 2023.
PER COURT :- 1.
In all these petitions, the petitioners, who have retired from the service of the Municipal Council, Beed contend that their retiral benefits have not been cleared despite their retirement in between 2018 to 2021. Even their gratuity amounts have not been paid. 2.
It is well settled that the High Court would not venture in considering disputed questions and more so, when amounts are to be calculated or require quantification. If the amounts are undisputed this Court could direct the employer to make the payment. 3.
These petitioners have putforth their representations on the following dates :- Sr.
No.
Writ Petition Number Name of petitioners Date of representation 1.
3874/2023 Surendrakumar Hiraman Pardeshi 28.11.2022 2.
3876/2023 Sayed Irfan Sayed Abdul Kadar 28.11.2022 3.
3921/2023 Kalyan Devidasrao Bhandwale 28.11.2022 4.
3922/2023 Rohidas Shivram Maske 28.11.2022 5.
3923/2023 Pandurang Ramrao Dudhal 28.11.2022 6.
3956/2023 Baburao Santram Tarkase 28.11.2022
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3982/2023 Syed Yusuf Syed Ahmad 28.11.2022 4.
In view of the above, these petitions are disposed off with a direction to Respondent No.5 to consider the pending representations and quantify the amounts of retiral benefits to which the petitioners are entitled to, within 60 days from today. Needless to state, if required, these petitioners can be given an opportunity of addressing Respondent No.5 with regard to the calculations of their retiral benefits.
5.
After such calculations are made, the admissible amounts shall be paid by the Municipal Council to these petitioners in three equated monthly installments beginning from 5th August, 2023 and last installment would be paid on or before 5th October, 2023. In the event, the petitioners have any grievance about the calculations, they would receive the amounts admissible to the Municipal Corporation, as directed above, without prejudice to their rights to challenge the calculations before the appropriate Forum.
(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) sga/