Janabi Bhaurao Chavan (Mali) v. The Collector Jalgaon And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1564 OF 2012 Smt.Janabi Bhaurao Chavan [Mali], Age-62 Years, Occupation-Household, At Wichkheda, Post Undirkhede, Tal.Parola, Dist. Jalgaon.

PETITIONER

VERSUS

1. The Collector, Jalgaon.

2. The Treasury Officer, Collector Office, Collector Office Premises, Jalgaon.

3. The Office-in-charge, District Soldier Board, Collectorate, Jalgaon

4. The State Bank of India, Centralized Pension Processing Centre, 5th Floor, Premises No.T-651 and T-751 ITC Belapur, CBD Belapur Railway Station Complex, Navi Mumbai.

5. The State Bank of India, Through Branch Manager, State Bank of India, Main Branch, Jalgaon

6. The Union of India Through the Secretary, Ministry of Defence, New Delhi.

7. The Office of PCDA (Pension) Allhabad [Uttar Pradesh]. RESPONDENTS ...

Mr.M.M.Bhorikar, Advocate for the petitioner Mr.S.J.Salgare, AGP for the respondent/State Mr.B.B.Kulkarni, ASG for respondent nos.6 and 7 Mr.P.B.Paithankar,Advocate for respondent nos.4&5 ...

CORAM: S.S. SHINDE AND S.M.GAVHANE, JJ.

DATE : 20.04.2018 ORDER:

1] Learned counsel appearing for respondent nos.4 and 5, on instructions, submits that, respondent-Bank is ready to release the amount of arrears of pension as calculated by the respondent-Bank, which is mentioned in the affidavit.

2] Learned counsel appearing for the petitioner submits that, the petitioner is ready to accept the said amount without prejudice to the further contentions of the petitioner about calculation done by the respondent-Bank and interest.

3] Since respondent nos.4 and 5 are ready to release arrears towards pension, this Petition can be conveniently disposed of. Respondent nos.4 and 5 to release the arrears towards pension in favour of the petitioner. However, such release of

payment and acceptance by the petitioner is without prejudice to the contentions of the parties. In case the petitioner has any further grievance, the petitioner will be at liberty to avail of an appropriate remedy. However, we make it clear that, such availing of an appropriate remedy will be subject to the contentions of the respondent-Bank.

4] With the above observations, the Writ Petition stands disposed of.

5] Parties to act upon authenticated copy of this order.

[S.M.GAVHANE] [S.S.SHINDE] JUDGE JUDGE DDC