Ashok Ramkrishna Abhang v. The State Of Maharashtra And Others

1034 wp.6959.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

1034 WRIT PETITION NO.6959 OF 2021 ASHOK RAMKRISHNA ABHANG

VERSUS

THE STATE OF MAHARASHTRA AD OTHERS ...

Advocate for Petitioner : Mr. Harish S. Bhambare, h/f Ms S. G. Sonawane. AGP for Respondent/State: Mr. S. K. Tambe.

...

CORAM :

S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE :

27th October, 2021.

P.C.:

.

The grievance of the petitioner is that the petitioner is not paid the gratuity amount alongwith interest.

The learned counsel for petitioner submits that after filing of the present writ petition, the respondents have deposited the amount of gratuity, however, without interest. The petitioner is entitled for interest as the amount of gratuity is not paid to the petitioner within a period of six months from the date of retirement.

The learned AGP submits that in fact the amount of gratuity was deposited on 3rd March, 2020, by mistake in the account of another person because of similarity in the name and surname. The same was recovered from him and paid to the petitioner in July 2021.

1034 wp.6959.21.odt It appears that non-payment of the amount of gratuity to the petitioner is not intentional, but because of the confusion in the similarity of the name. The process was undertaken for recovery of the amount from the person to whom it was wrongly paid and now the same has been paid to the petitioner.

Considering the above, as the amount of gratuity is now paid to the petitioner, no further orders are necessary. The writ petition is disposed of. No costs.

[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga