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Bombay High CourtWP/5711/2015disposed offdismissed for default

Narottam Bula Patel v. State Of Maharashtra And Others

2015-09-29Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice A.M. Badar2 pages

{1} 904 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5711 OF 2015 NAROTTAM BULA PATEL

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Paresh B. Patil. AGP for Respondent Nos.1 to 3 : Mrs. S.A. Dhumal. Advocate for Respondent Nos.4 : Mr. A.B. Girase. CORAM : S.S. SHINDE & A.M. BADAR,JJ.

DATE : 29TH SEPTEMBER,2015.

PER COURT:

1] This petition is filed with the following prayers :- [B] Kindly be issue Writ of Mandamus or any other appropriate Writ order or directions, to Respondent No.1 to 3, to release and to pay intervening period salary arrears (back wages) forthwith from 1/6/2011 to 6/8/2012 alongwith appropriate rate of interest to the petitioner and further to made applicable arrears annual salary increment for period of 1/7/2011 to 1/7/2012 to the petitioner. [C] Kindly be issue Writ of Mandamus or any other appropriate Writ order or directions, to Respondent No.1 to 3 and 6 to sanction and to pay arrears of monthly revised pension from 1/6/2013 and to pay further monthly pension regularly to the petitioner. 2] Learned counsel for the petitioner submits that respondent No.5 has already forwarded proposal to the respondent No.3, however, respondent No.3 has not take decision on the said proposal.

{2} 904 sr. no..odt 3] We direct the respondent No.3 to consider this petition as a representation filed by petitioner, and take appropriate decision after perusal of the relevant service record maintained by the concerned institution, as expeditiously as possible, however, within 10 weeks from today.

4] So far as prayer clause (C) is concerned, if the proposal for grant of pension to the petitioner is pending, respondent No.1 is directed to take decision about the same, as expeditiously as possible, however, within 5 weeks after receiving copy of order passed by this Court and thereafter, respondent No.6 shall clear the said proposal if it is in conformity with the relevant rules, as expeditiously as possible , however, within 6 weeks from date of receipt of such proposal.

5] It is made clear that we have not expressed any opinion on merit of the matter or about the entitlement of the petitioner and respondents shall take appropriate decision, in accordance with law. 6] Writ petition stands disposed of on above terms. Parties to act upon authenticated copy of this order.

[A.M. BADAR, J] [S.S. SHINDE,J] grt/-