Pramod S/O Narayan Gunnale v. Chief General Manager (Technical And Establishment), Msedcl, Mumbai And Others

925 wp 327-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 327/2021 Pramod S/o Narayan Gunnale Vs.

Chief General Manager and others - - - - - - - - - - - - --------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - --- - - - - ------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- Shri S.R. Narnaware, Advocate for the Petitioner Shri D.M. Kale, Advocate for respondents 1 & 2, CORAM : ROHIT B. DEO AND Y.G. KHOBRAGADE, JJ. DATE : 24/01/2023 1.

The retiral benefits of the petitioner, who superannuated on 31/07/2020 stand deposited by respondent-2 with the respondent-3 vide covering letter dated 04/11/2020.

2.

The backdrop is that the petitioner was appointed as Junior Engineer on 04/09/1991 in vacancy reserved for the Scheduled Tribe and was promoted from time to time and as on the date of the superannuation was working as Additional Executive Engineer (Distribution). 3.

The caste claim of the petitioner was referred to the Scrutiny Committee on 31/07/2013. The proposal was returned to the petitioner vide order dated 20/04/2018. The petitioner challenged the said order in Writ Petition 2833/2018, which is withdrawn on the ground that the grievance of the petitioner stands satisfied.

925 wp 327-2021.odt 4.

The retiral benefits appear to have been deposited with the Court only on the ground that the State Government had constituted Committee to consider the entitlement of the employees who may have claimed the benefit of reservation available to the Halba Tribe, to superannuation benefits.

5.

We need not delve deeper in the submission of Shri Narnaware that the petitioner has been superannuated, the entitlement to retiral benefits stand crystallized and that pendency of final adjudication or for that matter the Constitution of the Committee by the State Government is not an impediment in releasing the retiral benefits. 6.

The learned Counsel for respondents Shri Kale fairly invites our attention to the circular dated 18/01/2023 issued by the respondent MSEDCL which recognizes the entitlement of the employees like the petitioner to superannuation benefits. The circular is taken on record and marked as Exhibit "A" for identification.

7.

Since it is now common ground that the retiral benefits of the petitioner cannot be withheld, we allow the petition by permitting the petitioner to withdraw the amount, along with interest accrued if any, which is deposited with respondent-3.

(JUDGE) (JUDGE) Signed By:RANJANA SAMEER SAHARE R.S. Sahare