Sushila Baburao Khindare v. The State Of Maharashtra And Others

1 71WP12668.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 12668 OF 2018 Smt. Sushila baburao Khindare ... Petitioner

Versus

State of Maharashtra & Ors.

... Respondents ......

Mr M. R. Sonawane, Advocate for the petitioner Mr P. S. Patil, AGP for respondent/State ........

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 21ST JANUARY, 2019 ORAL ORDER:

1.

The learned Counsel for the petitioner submits that, the petitioner has retired on attaining the age of superannuation on 30.09.2016, however, no pensionary benefits are paid to the petitioner. The petitioner is also not paid any other retiral benefits so also the selection grade.

2.

Mr Patil, the learned counsel for Municipal Council submits that the entitlement of the petitioner is required to be considered.

2 71WP12668.2018 3.

In fact, if the petitioner is entitled for the pensionary benefits, the same has to be paid within a period of three months from the date of retirement.

4.

The respondents shall consider the entitlement of the petitioner for the retiral and pensionary benefits so also the selection grade pay as claimed by him within a period of three months from today and if the respondents come to the conclusion that the petitioner is entitled for the pensionary and retiral benefits so also the selection grade pay, shall give the said benefits within three months thereafter. The pensionary and retiral benefits shall carry interest at the rate of 6% p.a. from 01.04.2017. 5.

The writ petition is accordingly disposed of. No costs. [ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde