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Bombay High CourtWP/9841/2015disposed offdismissed for default

Tejabai Dharmaji Kamble v. The State Of Maharashtra And Others

2016-02-22Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice P.R. Bora2 pages

9841.15wp FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ 21 WRIT PETITION NO. 9841 OF 2015 TEJABAI DHARMAJI KAMBLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Ram S Shinde AGP for Respondents/State : Mr.P.G. Borade.

Advocate for Respondents 4 & 5 : Mr.Barde Parag Vijay. ...

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

Dated: FEBRUARY 22, 2016 ...

The petitioner claims retirement benefits. Some of the benefits seems to have also been sanctioned, but are not paid. Learned Counsel appearing for respondents No.4 & 5 Municipal Council is not in a position to pay the dues. It would take some time for the Municipal Council to pay the admitted dues to the petitioner.

It appears that, the petitioner has retired on 31.01.2011. It is trite to say that, retiral benefits are not a bounty, but it is hard earned amount of an employee. It also appears from the letter issued by the Chief Executive Officer at Exh.B - page 13 of

9841.15wp the compilation of the petition that some of the dues are admitted and the respondents are bound to pay said amount.

In the light of that, we pass the following order:

The respondents shall pay the all legitimate dues of the petitioner as is admitted by them, expeditiously and preferably within a period of four

(4) months from today along with interest at the rate of 6% per annum.

The writ petition is disposed of. No costs.

(P.R. BORA, J) (S.S. SHINDE, J) kadam/