Digambar Pundlik Kamble v. The State Of Maharashtra And Others

1 27-WP-9764.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9764 OF 2016 Digambar Pundlik Kamble, Age : 60 years, Occ. Retired, r/o. Gandhi Nagar, Udgir, Tq. Udgir, Dist. Latur ..Petitioner Vs.

The State of Maharashtra, through its Secretary, Urban Development Department, Mantralaya, Mumbai and ors.

..Respondents ­­ Mr.R.S.Shinde, Advocate for petitioner Mrs.A.V.Gondhalekar, AGP for respondent nos.1 to 3 Mr.P.V.Barde, Advocate for respondent no.4 ­­ CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATE : FEBRUARY 06, 2017 ORDER:

Heard.

2.

This petition is filed seeking directions to the respondents to pay all the retiral benefits of the petitioner.

3.

The petitioner retired from service on 31.05.2015. In ordinary course, the process of giving retiral benefits needs to be started six

2 27-WP-9764.odt months in advance, but in the present case, even after the petitioner retired from service, the petitioner could not get all the retiral benefits i.e. commutation of pension, leave encashment etc. 4.

Both the sides are heard. The submissions made by them show that in a similar matter i.e. Writ Petition No.6595 of 2015 (Sheshrao Govindrao Bhakaskhede Vs. The State of Maharashtra and ors.) decided on 22.02.2016, this Court made order giving time of four months to the respondents to clear the dues of the petitioner therein. As the instant petition is of similar nature, we pass the following order :­ (i) The Writ Petition is allowed. The respondents shall pay all the legitimate dues of the petitioner as is admitted by them, as early as possible and preferably, within a period of one year from today along with the interest at the rate of 6% per annum.

3 27-WP-9764.odt (ii) The Writ Petition stands disposed of accordingly.

[SANGITRAO S. PATIL, J.] [T.V. NALAWADE, J.] kbp