Vidhyadhar Sadashiv Bhatikare v. The State Of Maharashtra Through Its Secretary And Others

39wp12654-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 WRIT PETITION NO.12654 OF 2023 VIDHYADHAR SADASHIV BHATIKARE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. B. P. Ganore h/for Mr. Maniyar Irfan D AGP for the Respondent No.1-State : Mr. S. K. Tambe Advocate for Respondents 2 to 5 : Mr. H. P. Jadhav

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 16th October, 2023 ORDER:

1.

This is yet another case of a person having superannuated on 30.11.2022 and having not been paid his retiral benefits by the Zilla Parishad, Beed on the spacious plea that the Zilla Parishad is short of funds. The Petitioner has tendered the calculations in the Petition. The first order sanctioning the pension is dated 07.12.2022. The pension has not been paid from December 2022 for unknown reasons. The gratuity amount has not been paid for the last 30 months 2.

In similar circumstances, we had directed the Zilla Parishad to ensure that the arrears of the pension are paid, the regular pension is commenced and the retirement benefits including gratuity is paid within installments with 6% interest from the date it became payable.

39wp12654-23 3.

In view of the above, this petition is disposed off with the following directions :- [a] The CEO, Zilla Parishad shall himself ensure that the arrears of pension of the Petitioner are paid to him within 45 days from today.

[b] The regular payment of pension shall commence within 30 days. [c] The retiral dues, including the arrears of pension, shall carry interest @ 6% p.a.

[d] The retiral benefits alongwith the interest component, shall be paid in 3 installments. The first installment shall be paid on or before 30.11.2023, the second installment be paid on or before 31.01.2024 and the 3rd installment shall be paid on or before 31.03.2024.

[e] If the above directions are not complied with, we would have to hold the CEO responsible for the disobedience of our order. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan