Ramesh Shrinivasrao Pandit v. Bharat Prabhakarrao Rathod And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 594 OF 2018 IN WRIT PETITION NO.6408 OF 2017 Ramesh s/o Shrinivasrao Pandit, Age: 59 years, Occ: Retired, R/o. Vikas Nagarr, Degloor Road, Udgir, Tq. Udgir, Dist. Latur.

..PETITIONER

VERSUS

1.

Shri. Bharat s/o Prabhakarrao Rathod, Age: 45 years, Occ: Service as Chief Office, Municipal Council Udgir, Tq. Udgir, Dist. Latur.

2.

Shri. A.M. Ransubhe Head of Establishment Department, Municipal Council Udgir, Tq. Udgir, Dist. Latur.

..RESPONDENTS Mr Pratap G. Rodge, A.G.P. for the petitioner; Mr P.V. Barde, Advocate for the respondents CORAM : PRASANNA B. VARALE & MANISH PITALE,JJ.

DATE : 19th OCTOBER, 2018 ORAL ORDER :

Heard Mr. Rodge, learned Counsel appearing for the petitioner.

(2) 2.

It was grievance of the petitioner that the order of this Court dated 20th March,2018 in Writ Petition No.6408 of 2017 is not complied with by the respondents. By order dated 20th March, 2018 the respondent Municipal Council was directed to pay the amount due and payable to the petitioner towards difference in 6th Pay Commission and admissible retiral benefits within stipulated period of three moths. The respondent Municipal Council further directed to pay interest @ 6% p.a. on the amount of retiral benefits to be calculated after the lapse of six months after the date of retirement till the amount is paid by the Municipal Council and for undertaking this exercise of payment of interest, time frame was fixed by four months.

3.

Mr. Barde, learned Counsel appearing for the respondents submits that the first part of the directions namely due and payable amount of the petitioner towards difference in 6th pay commission and admissible retiral benefits is already received

(3) by the petitioner and only interest part is remained to be paid to the petitioner. Mr. Barde, learned Counsel, on instructions, submits that the cheque towards that part amount is also ready and the petitioner can approach to the office of the Municipal Council on the day of his convenience and collect it.

4.

Mr. Rodge, learned Counsel for the petitioner, in view of the statement of Mr. Barde, learned Counsel for the respondents, submits that the petitioner would approach the Municipal Council on Monday i.e. 22nd October, 2018 itself. If the petitioner approach the Municipal Council on 22nd October, 2018, the Municipal Council to hand over the cheque to the petitioner by obtaining endorsement or signature on the copy of the cheque or D.D.

5.

Mr. Rodge, learned Counsel appearing for the petitioner though raised grievance to submits that the petitioner has not received benefit of

(4) Career Progress Scheme, we are not inclined to entertain this grievance, as this grievance is beyond the scope of the contempt petition.

6.

The contempt petition is disposed of with above directions.

(MANISH PITALE) (PRASANNA B. VARALE) JUDGE JUDGE Digitally signed by S.U. Tupe Date:

2018.10.22 17:53:27 +0530 Tupe S.U.

Tupe