Bhaurao Sapkuji Bankar v. The State Of Maha. Thr Secretary, Mumbai And Others

2802wp732.10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.732 OF 2010 Shri Bhaurao Sapkuji Bankar ...

Petitioner - Versus - The State of Maharashtra and others ... Respondents ----------------- Ku. K.K. Pathak, Advocate for Petitioner.

Shri N.S. Rao, Assistant Government Pleader for Respondent Nos.1, 3 and 4.

---------------- CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 28 FEBRUARY 2022 P.C. :

The Petitioner has sought direction to the Respondent Nos.1 and 2 to pay subsistence allowance for the period of suspension till his removal from service, i.e. 3 April 2006 to 16 April 2010 and further direction regarding adjustment of loan. 2) By order dated 14 December 2010, respondent Council was directed to deposit amount of Rs.1,35,000/- in this Court.

2802wp732.10 3) Ms. Pathak, learned Counsel for the Petitioner (appointed), states that amount of Rs.50,000/- has been allowed to be withdrawn and remaining amount from Rs.1,35,000/- along with accrued interest be also permitted to be withdrawn. 4) We have perused the reply-affidavit filed by the Respondent No.2. It makes a reference to the amount of Rs.1,35,800/- and further amount of Rs.53,073/- and states that total amount of Rs.1,88,873/- has been deposited/paid. The reply categorically states that these amounts are admissible dues. If that be the position, there is no impediment for the Petitioner to withdraw the amount, which is lying in balance and this is the only prayer made by the learned Counsel for the Petitioner (appointed).

5) The Petitioner is permitted to withdraw the balance amount deposited in this Court with accrued interest. 6) Writ Petition is accordingly disposed of. Rule is made absolute in the above terms. No costs.

(ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) khj