Madhukar S/O Sambhuji Sawai v. The State Of Maharashtra, Thr. Secretary, Finance Dept., Mumbai And Others

WP 1744.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1744/2022 Madhukar Sambhuji Sawai ...

Petitioner - Versus - The State of Maharashtra and others ... Respondents ----------------- Ms. S.S. Dashputre, Advocate for Petitioner.

Mr. N.S. Rao, Assistant Government Pleader for Respondent Nos.1, 2 and 5.

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

DATE : 30 MARCH 2022 P.C. :

The Petitioner has sought a direction in respect of pensionary benefits to be given to the Petitioner. The Petitioner had resigned by tendering a resignation letter on 30 August 1994, which was accepted on 2 September 1994. But, it is after 28 years the Petitioner seeks to contend that the resignation was accepted by the Authority which not competent to do so. As

WP 1744.2022 regards the aspect of delay, it is stated that the Petitioner has been making oral representations. This cannot be considered as an explanation for the obvious laches of almost three decades. 2.

In light of this position, the directions as sought for by the Petitioner to forward the proposal and take decision on the proposal, cannot be accepted.

3.

If the Petitioner is otherwise entitled to some benefits, as may be available, subject to the aspect of delay, the petitioner is entitled to pursue the same but, this order will not be construed as granting a liberty overriding the aspect of delay to the petitioner.

4.

The Writ Petition is accordingly disposed of. (ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) SANDEEP CHANDRASHEKHAR DESHMUKH Date: 2022.04.05 16:15:11 +0530 SANDEEP CHANDRASHEKHAR DESHMUKH Deshmukh