Santosh Ramdas Wani And Others v. The State Of Maharashtra And Others

WP 10190/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10190 OF 2016 Santosh Ramdas Wani and others.

...Petitioners..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri Shivaji T. Shelke, Advocate for petitioners. Shri S.B. Joshi, AGP for respondent nos.1 & 2. Smt.Chaitali Kutti - Choudhari, Advocate for respondent Nos.3 & 4.

.....

CORAM: V.M. KANADE & SANGITRAO S.PATIL,JJ.

DATE: 05.01.2017 ORDER :

1] By this petition under Article 226 of the Constitution of India, the petitioners are seeking following reliefs:- "B] Issue writ of mandamus or writ in the nature of mandamus or a direction in the like nature for directing the respondents No.3 and 4 to pay the amount of commuted pension along with 9% interest from the due date till its realization of entire amount to the petitioners as detailed in the chart annexed to the petition at Exh."A".

WP 10190/16 - 2 - C] Direct the respondents No.3 and 4 during pendency of this petition to pay the amount of commuted pension along with 9% interest from the due date till its realization of entire amount to the petitioners as detailed in the chart annexed to the petition at Exh."A".

2] The grievance of the petitioners is that the petitioners have not been paid commuted pension. 3] An affidavit has been filed by the learned counsel appearing on behalf of respondent nos.3 & 4. It is stated that the respondent nos.3 & 4 shall pay the commuted pension within six months on account of financial crunch faced by the said respondents. We accept the said statement made on behalf of the respondent nos.3 & 4.

4] We, therefore, direct the respondent nos.3 & 5 to pay the commuted pension to the petitioners within six months with interest at the rate of 9% p.a.

5] The petition is disposed of accordingly. No costs. (SANGITRAO S.PATIL, J.) (V.M. KANADE, J.) ndk/c511731.doc