Bombay High CourtWP/2005/2016dispossed offdismiss for default

Subhash Narayanrao Shelke v. State Of Maha., Through Secretary, Urban Devp. Department, Mumbai And Another

2016-06-06Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1/1 wp2005.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2005 OF 2016 Subhash Narayanrao Shelke -vsState of Maharashtra, thr.its Secretary Urban Development Deptt. and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. Alok Daga, counsel for the petitioner.

Mr. N. R. Rode, AGP for the respondent No.1.

Mr. Milind Rathi, counsel for the respondent No.2. CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 06.06.2016.

By this writ petition, the petitioner seeks a direction to the respondent No.2-Municipal Council to pay the retiral benefits to the petitioner along with interest.

It is stated on behalf of the petitioner that though the petitioner has retired on attaining the age of superannuation on 31/12/2015, the respondent No.2 has not paid the retiral benefits to the petitioner, till date.

Shri Milind Rathi, the learned counsel for the respondent No.2, states on instructions that the retiral benefits could not be paid to the petitioner due to severe financial crunch. It is stated that the respondent No.2 has sought the release of certain funds from the State Government and as soon as some amount would be received by the respondent No.2, efforts would be made by the respondent No.2 to pay the retiral benefits to the petitioner.

Since the retiral dues are admittedly not paid to the petitioner despite his retirement in the year 2015, we dispose of the writ petition with a direction to the respondent No.2 to pay the entire retiral benefits to the petitioner as early as possible and positively within a period of six months either in lump sum or in installment. Order accordingly. No costs.

JUDGE JUDGE KHUNTE