Habib Dulekhan Pathan v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:13403-DB (1) 934- W. P. No. 6657-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 WRIT PETITION NO. 6657 OF 2022 HABIB DULEKHAN PATHAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Ravibhushan P Adgaonkar AGP for Respondent/State Mr. S. R. Yadav Lonikar Advocate for Respondent Nos. 2 and 3 : Mr. V. C. Patil h/f Mr. U.B. Bondar ...

CORAM :

R. G. AVACHAT AND SANDIPKUMAR C. MORE, JJ.

DATED : MAY 06, 2025 ORDER:- 1.

Order dated 21.11.2024 passed in Writ Petition No. 12288 of 2024 is placed on record by the learned Advocate for the petitioner. The said order reads thus :- "

We have heard the learned advocate Mr. S. V. Dixit for the petitioner and Mr. U. B . Bondar for the respondent No.2- Zilla Parishad, Latur. They are unanimous that irrespective of the order of remand passed by the Supreme Court in a PIL on the basis of which a crime was registered, a decision was taken by the Chief Executive Officer by order dated 29.02.2024 (ExhibitJ) extending all the retiral benefits inter alia to the petitioner still those have been stated to be withheld.

2.

In view of the above, the writ petition is allowed as prayed for. All the retiral benefits payable to the petitioner together with statutory interest, shall be collected and disbursed, as expeditiously as possible and in any case within 90 days."

2.

The petitioner was also an employee of the respondent- Zilla Parishad, Latur. He wants similar treatment. In view of the same, we

(2) 934- W. P. No. 6657-2022.odt direct to respondent No.2 The Chief Executive Officer, Zilla Parisahd, Latur to consider the petitioner's case and decide the matter on its own merits regarding extending the petitioner retiral benefits. 3.

We expect this exercise shall be completed within a period of five weeks from the date of receipt of a copy of this order. 4.

In view of he above, the Writ Petition stands disposed of. (SANDIPKUMAR C. MORE) (R. G. AVACHAT ) JUDGE JUDGE Y.S. Kulkarni