Pandurang S/O Dadaji Virulkar v. Chief Executive Officer, Zp, Wardha And Others

1 / 2 41-WP-1290-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1290 OF 2022 Pandurang S/o Dadaji Virulkar, Hinganghat, Dist. Wardha vs.

Chief Executive Officer, Zilla Parishad, Wardha and ors. --------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

--------------------------------------------------------------------------- Mr. S. U. Ghude, Advocate for petitioner.

Ms S. S. Jachak, AGP for respondent Nos.1 to 3. CORAM : DIPANKAR DATTA, CJ.

& NITIN W. SAMBRE,J.

DATE : 6th September, 2022 1.

Heard.

2.

The grievance of the petitioner in the petition is in relation to the release of his retirement benefits.

3.

Counsel for the respondent-Zilla Parishad has produced on record copy of the communication dated 11th July 2022 thereby retirement benefits are ordered to be released. The said communication is taken on record and marked 'A' for identification.

4. In view of above undisputed position, the claim put forth by the petitioner in the petition no

2 / 2 41-WP-1290-22 more survives but for the claim for interest on the amount of gratuity.

5.

The factum that the petitioner was proceeded departmently and against the order of imposing punishment, departmental appeal is informed to be pending.

6.

In the aforesaid backdrop, it will be appropriate in our opinion to grant liberty to the petitioner to apply for grant of interest on the delayed payment of gratuity once his appeal is allowed.

7.

With above liberty in favour of the petitioner, the petition stands disposed of.

No order as to costs.

[NITIN W.SAMBRE,J.] [CHIEF JUSTICE] Asmita ADWAIT BHANDAKKAR 10:47:15