Bombay High CourtWP/1176/2016dispossed offdismiss for default

Shri. Rajaram S/O Shankrarao Durgakar v. State Of Maharashtra Thr Its Secretary, Dept Of Urban Development, Mantralaya, Mumbai

2016-07-12Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

1207wp1176.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1176/2016 Shri Rajaram s/o Shankarrao - Duragkar ...Versus...

State of Maharashtra, through its Secretary, Department of Urban Development, Mantralaya, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Sambaray, Advocate for petitioner Shri N.R. Rode, AGP for respondent nos.1 and 2 Shri Anjan De, Advocate for respondent no.3 CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 12.07.2016 The only prayer made by the petitioner in the instant petition is for a direction to the respondents to pay the outstanding arrears of provisional pension of Rs.13,14,077/- to the petitioner with interest. The petitioner has also sought the arrears of pension, as per the recommendations of the 6th pay commission, in addition to the amount of Rs.13,14,077/-. Shri De, the learned Counsel for the Municipal Council does not dispute that the respondent - Municipal Council is liable to pay the arrears of pension to the petitioner, as sought. It is stated that the Chief Officer of the Nagar Parishad has informed the State Government that the dues of the petitioner would be paid on or before 31.3.2017. It is stated that of the total

1207wp1176.16.odt dues, that were liable to be paid to the petitioner, a sum of Rs.3,00,000/- has been paid.

Since the dues of the petitioner are admitted, we dispose of the writ petition by directing the Municipal Council to pay a sum of Rs.3,00,000/- to the petitioner on or before 15.08.2016 and clear the entire dues (even the dues, that would be payable as per the recommendations of the 6th pay commission, if applicable) of the petitioner before 31.3.2017, as per the communication, dated 10.5.2016.

Order accordingly. No costs.

JUDGE JUDGE Wadkar