Madhukar Rangnath Bhavsar v. State Of Mah And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 5615 OF 2005 (Madhukar Rangnath Bhavsar Vs. The State of Maharashtra and others) ---- Mr. P.P. Chavan, Advocate for the petitioner Mr. A.S. Shinde, A.G.P. for the respondent/State Mr. Rakesh N. Jain, Advocate holding for Mr. D.S. Bagul, Advocate for respondent No. 3 ---- CORAM :
T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.
DATE : 20th JUNE, 2017 PER COURT :
Heard the learned counsel for the petitioner, the learned A.G.P. and the learned counsel for respondent No. 3.
2.
For the reasons to be recorded separately, the Writ Petition is partly allowed with the following order:- (i) The impugned order directing to treat the period from 31st December, 1994 to 20th November, 1996 as period of admissible leave of the petitioner, is quashed and set aside and instead, the said period is hereby directed to be treated as the period spent on duty without backwages. The said period shall be considered as qualifying service for the purpose of pension and retiral benefits.
(ii) The pension papers of the petitioner shall be processed accordingly.
WP5615-2005 (iii) The arrears of pension be paid to the petitioner with interest at the rates applicable for General Provident Fund, as declared from time to time, with effect from eight months after 31st December, 2000 (i.e. the date of retirement of the petitioner) till the date of payment of arrears.
(iv) The amount of gratuity shall be paid to the petitioner with interest at the rates applicable for General Provident Fund, as declared from time to time, within a period of three months from the date of this order.
(v) The impugned order directing recovery of an amount of Rs.15,428/- from the petitioner is maintained as it is.
(vi) Rule is made absolute in the above terms.
(vii) In view of disposal of the Writ Petition, the pending Civil Application stands disposed of. (viii) No costs.
[SANGITRAO S. PATIL] [T.V. NALAWADE] JUDGE JUDGE npj/WP5615-2005