Bombay High CourtWP/1240/2015dispossed offdismiss for default

Gajanan Raghunathji Kuyate v. State Of Maharashtra, Through Its Secretary, Urban Development Dept. And Another

2015-03-24Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Sunil B. Shukre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION No. 320 OF 2015 (Lakhan Satyanarayan Shriwas Vs. State of Maharashtra & another) AND WRIT PETITION No. 1240 OF 2015 (Gajanan Raghunathji Kuyate Vs. State of Maharashtra & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Alok Daga, Advocate for the petitioners. Smt. B. P. Maldhure, A.G.P. for respondent No. 1. Shri M. G. Rathi, Advocate for respondent No.2. CORAM : B. P. DHARMADHIKARI AND S. B. SHUKRE, JJ.

DATED : 24 MARCH, 2015 Heard finally by consent of the parties.

Retired employees of Municipal Council, Dhamangaon Railway seek direction to their employer to release the entire amount of retiral benefits along with interest, as per law.

Shri Rathi, learned Counsel appears for respondent No.2-Municipal Council in both the matters.

Learned A.G.P. appears for respondent No.1-the State of Maharashtra.

The entitlement of petitioners to retiral benefits and the amount quantified by them is not in dispute.

2403wp320.15+.odt 2/2 During argument, we find that similar controversy has been considered by this Court while deciding Writ Petition No. 6119 of 2012 on 10/4/2013 and Writ Petition No. 5743 of 2014 on 12/01/2015.

Therefore, following the same law, we direct the respondent-Municipal Council, Dhamangaon Railway to release the retiral benefits of the petitioners within a period of six months from today with interest calculated as per the provisions of Rule 129-A and 129-B of the Maharashtra Civil Services (Pension) Rules, 1982.

Writ petitions are disposed of accordingly. No costs.

JUDGE JUDGE wwl