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Bombay High CourtWP/1364/2017admittedallwdgrantedrule absolute

Shri Namdeo S/O Lahanuji Chaple v. The Joint Director Of Higher Education, State Of Maharashtra, Nagpur Division, Nagpur And Others

2017-09-29Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

Order 2909wp1364.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 1364/2017.

Namdeo Lahanuji Chaple -VERSUSThe Joint Director of Higher Education, Nagpur and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & ARUN D. UPADHYE, JJ.

DATE : SEPTEMBER 29, 2017.

Heard Shri B.G. Kulkarni, learned Counsel for the petitioner, Shri M.K. Pathan, learned A.G.P. for respondent no.1 and Shri S.P. Bhandarkar, learned Counsel for respondent nos. 2 and 3.

2.

Amount of Rs. 4,92,742/- is already deposited by the employer with the Registry of this Court.

3.

We grant leave to petitioner to withdraw that amount.

4.

In so far as the deficit amount of gratuity is concerned, respondent no.1 Joint Director has in paragraph no.6 of its reply-affidavit submitted that if

Order 2909wp1364.17 proposal for that amount is sent by the employer and received by his office, it shall be appropriately processed and payment will be made.

5.

In this situation, we direct respondent nos.

2 and 3 to prepare such bill within a period of three weeks from today and to forward the same to respondent no.1, within next one week. Respondent no.1 to process the same as per law and release the amount due and payable to petitioner, within next four weeks.

6.

Accordingly, Writ Petition is partly allowed and disposed of. No costs.

JUDGE JUDGE Rgd.