Divisional Contorller, M.S.R.T.C. Divisional Office, Buldhana Division, Buldhana And Others v. Suryabhan S/O. Gulabrao Jaunjal And Another

3108caw522 of 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.522/2021 IN WRIT PETITION NO.5434/2015 (D) Divisional Controller, MSRTC, Divisional Office, Buldhana Division, Malkapur Road, Buldhana and others ...Versus...

Suryabhan Gulabrao Jaunjal and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri S.R. Charpe, Advocate for petitioners Shri P.N. Verma, Advocate for respondent no.1/applicant Shri K.L. Dharmadhikar, AGP for respondent no.2 CORAM : AVINASH G. GHAROTE, J.

DATE : 31/08/2021 1.

By the present application, in pursuance to the directions as contained in Writ Petition No.5434/2015, decided by the common judgment, dated 05/03/2020, whereby the employees were permitted to withdraw the amounts, deposited by the Corporation with accrued interest, the respondent no.1 seeks to withdraw the said amount. 2.

Shri Charpe, learned Counsel for the petitioners has no objection except for the contention that in the writ petition, the name of the respondent no.1 is shown as 'Suryabhan s/o Gulabrao Jaunjal', whereas the affidavit in

3108caw522 of 2021.odt Civil Application No.522/2021 has been sworn by Suryanarayan Gulabrao Jawanjal.

3.

Learned Counsel for the respondent no.1 invites my attention to the Gazette Notification dated 10/6/2010, whereby the name of the respondent no.1 - Suryanarayan Gulabrao Jawanjal has been changed to Suresh Gulabrao Jawanjal and therefore, it is contended that both being the same person, Suresh Gulabrao Jawanjal would be entitled to receive the amount. Since the direction as contained in para 17 (g) in the common judgment in Writ Petition No.6655/2015 of which Writ Petition No.5434/2015 is a part, permits the withdrawal of the amount, the office shall verify the identity of the person and permit withdrawal, if it is so satisfied.

4.

The Civil Application is accordingly disposed of. No costs.

(AVINASH G. GHAROTE, J.) Wadkar