Bombay High CourtWP/2869/2024allowed

Purushottam S/O Pandurang Bhadke v. State Of Maha., Thr. Secretary Urban Development Dept., Mumbai And ORS.

2025-02-17Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 2869 OF 2024 ( Puroshattam s/o Pandurang Bhadke ..vs.. State of Maharashtra, through its Secretary, 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.R. Dawda, Counsel for the petitioner, Mr. S.M. Ukey, Addl.G.P. for respondent Nos.1 and 2, Mr. D.M. Kale, Counsel for respondent No.3, Mr. M.I. Dhatrak, Counsel for respondent No.4. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 17-02-2025 The question in the instant matter, is regarding condition Nos.2 and 4, in the order dated 12-12-2008 (Page No.45). In Ayubkhan Dildarkhan Pathan and others vs. State of Maharashtra, Writ Petition No. 5355/2019 and other connected matters decided on 27-1-2022, condition Nos.2 and 4 which are identical to the same conditions 2 and 4 as were under consideration therein have been set aside. The matter is, therefore, covered, in view of which, the petition is allowed in terms of Paragraph No. 13(ii) of the judgment dated 27-1-2022 in Writ Petition No. 5355/2019 and other connected matters.

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Since the petitioner has already superannuated on 30-6-2022, the retiral benefits, as well as the amounts recovered from him in terms of the order of the Director of Municipal Administration dated 11/12-12-2008, in view of what has been held above, shall be paid to him within a period of eight weeks.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) adgokar