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Bombay High CourtWP/6930/2014disposed offdismissed for default

Shriram Narayan Waghmare v. The President, Dhankunwar Hindi Kanya Vidhyalay, Jalna And Others

2015-04-29Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 934 WRIT PETITION NO.6930 OF 2014 SHRIRAM NARAYAN WAGHMARE

VERSUS

THE PRESIDENT, DHANKUNWAR HINDI KANYA VIDHYALAY, JALNA AND OTHERS ...

Advocate for Petitioner : Mr. S D Karkare, Adv. h/for Mr. Joshi Prabhakar K.

Mr. SR Kolhare, Adv. For Resp.Nos. 1 to 3;

Mr. DV Tele, AGP for Respondent No.4.

----- CORAM :

S.S.SHINDE & P.R.BORA,JJ.

DATE : 29 th April,2015.

PER COURT :

1) Learned Counsel appearing for the petitioner submits that the petitioner has twofold grievances; firstly the gratuity bills and other post-retiral benefits of the petitioners are withheld by Respondent no.5 for about 4-5 years, due to which, the petitioner is facing hardships and sustained financial loss; and secondly, though the petitioner has made repeated attempts to submit the medical bills in the office of Respondent No.3, the same are not

accepted.

2) In response to second submission made by Learned Counsel appearing for the petitioner, learned counsel for Respondent No.3 makes a statement that, Respondent No.3 is present in this Court and she will accept the medical bills and will process the same within a week from today. The statement is accepted.` .

So far as contention of petitioner as regards financial losses sustained by the petitioner owing to withholding the post-retiral benefits of the petitioner is concerned, while exercising writ jurisdiction, it is not desirable to go into that disputed questions of fact so as to calculate the loss sustained by the petitioner if any. In that view of the matter, the petitioner can resort to appropriate remedy, if available in law, for redressal of his grievances.

3) This petition is disposed of with direction to Respondent No.3 to accept the medical bills of the petitioner and process the

same within a two weeks from today. It is needless to observe that if the petitioner is entitled to receive interest on delayed payment of the bills, the same shall be considered by the concerned authorities in accordance with relevant Government Resolution/Rules etc.

(P.R.BORA) (S.S.SHINDE) JUDGE JUDGE bdv/