Bombay High CourtCAW/1610/2019dismissedrule discharged

Shri Ab. Bashir Ab. Munaf v. The Manager, Govt. Milk Scheme

2019-06-25Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw1610.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO.1610/2019 IN WRIT PETITION NO.4252/2011 Shri Ab. Bashir Ab. Munaf ..Vs..

The Manager, Government Milk Scheme, Akola Applicant : The Manager, Government Milk Scheme, Akola - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. A.A. Joshi, Advocate for the petitioner.

Ms. T.H. Khan, A.G.P. for the respondent / applicant. CORAM : Z.A. HAQ, J.

DATED : 25.6.2019.

By this application, the respondent / Manager, Government Milk Scheme has prayed that the time given by this Court to deposit the amount receivable by the petitioner / employee be extended and the respondent be granted further two months' time from 1st June, 2019 to deposit / pay the amount.

In paragraph No.3 of the application, it is stated that Shri Suresh R. Dharmade, who was Manager of the Government Milk Scheme at the relevant time had not taken any prompt action in the matter and then he retired on 30th April, 2019 and, therefore, the present Manager is not at fault.

The explanation given in the application cannot be accepted. It has become practice of the Officers who are at the helm of affairs, that orders /

2 caw1610.19 directions given by the Court are flouted and beneficiaries of the orders are deprived of the fruits of litigation. Perhaps, the directions to deposit the amount till 31st May, 2019 and in default, saddling the liability of interest on the respondent, were issued keeping in view the casual approach of the Officers. The explanation given cannot be accepted. The civil application is dismissed.

The present Manager may take steps to ensure that the amount of interest payable to the petitioner / employee is deducted from the salary / dues payable to the person who is at fault.

JUDGE Tambaskar.