Nagraj Janardan Patil v. State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 WRIT PETITION NO.8464 OF 2021 WITH WP/1381/2022 NAGRAJ JANARDAN PATIL

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Petitioner - Party-in-Person Mr. A.R. Kale, AGP for Respondent - State Mr. V.D. Hon, Senior Advocate h/f. Mr. A.V. Hon, Advocate for Respondent Nos.3 & 4 Mr. D.B. Thoke Patil, Advocate for Respondent No.4 ...

CORAM : NITIN W. SAMBRE AND S.G. CHAPALGAONKAR, JJ.

DATE : 02-05-2023 PER COURT :

.

Since 23rd March, 2023, this Court has heard the present petition time and again.

2.

The Court has suggested the parties to the petitions to settle the matter and initially the respondent - employer gave an offer of Rs.Ten Lakh to the petitioner. Based on the aforesaid offer, the respondent no.4 has passed a resolution thereby offering one time compensation of Rs.Ten Lakh to the petitioner, who is an ex-serviceman and former employee of respondent no.4. 3.

In subsequent hearings, it is transpired that the amount of Rs.Ten Lakh is insufficient and as such in response to the

suggestion given by this Court the same was to be enhanced to Rs.Twelve Lakh and accordingly, respondent no. 4 has passed fresh resolution on 29th April, 2023 thereby deciding to give Rs.Twelve Lakh to the petitioner.

4.

The resolution passed by the respondent no.4 on 29th April 2023 is also taken on record and marked 'X' for the purpose of identification.

5.

The respondent no.4 has tendered the cheque drawn in favour of the petitioner for an amount of Rs.Twelve Lakh towards full and final settlement of all the service dues pre and post superannuation.

6.

As far as the gratuity is concerned, the petitioner is at liberty to place the same independently in addition to the amount of Rs.Twelve Lakhs which is already paid to the petitioner through cross cheque drawn by the respondent no.4.

7.

The learned counsel for respondent no.4 has tendered the details of the legal cases initiated by the petitioner which includes the criminal cases, writ petition, second appeal, PIL and Civil suit. Details of the ten cases which are initiated by the petitioner are placed on record and the same is marked 'X-1' for identification.

8.

Mr. Thoke, learned Counsel for respondent no.4 has made a submission that since one time settlement is arrived at, the petitioner should not proceed with the aforesaid proceedings. 9.

When confronted, the petitioner who appears in-person submits that he undertakes not to proceed with the proceedings which are reflected in the list of the proceedings tendered by the learned counsel for respondent no.4 and shall be praying to the respective Courts to dispose of the said proceedings in view of the settlement arrived at.

10.

In view of the aforesaid settlement made by the petitioner - party-in-person, we deem it appropriate to dispose of the petitions by accepting the said statement. The writ petitions are accordingly stand disposed of.

( S.G. CHAPALGAONKAR, J. ) ( NITIN W. SAMBRE , J. ) GGP