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Bombay High CourtWP/4655/2017dispossed offdismiss for default

Durgadas S/O Jeevanlal Ragde v. Municipal Council, Tumsar Through Chief Officer

2018-02-24Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

WP4655-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4655/2017 (DURGADAS JEEVANLAL RAGDE VERSUS MUNICIPAL COUNCIL, TUMSAR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.V. Thakre, counsel for the petitioner. Shri M.I. Dhatrak, counsel for the respondent. CORAM : SMT. VASANTI A NAIK AND A.D. UPADHYE, JJ.

DATE : FEBRUARY 24 , 2018.

Since in similar matters we have directed the Municipal Council to pay the retiral benefits to the employees within six months in installments or in lump sum, with the consent of the learned counsel for the parties we dispose of the writ petition on the following terms:- I) The respondent-Municipal Council would pay the retiral benefits to the petitioner except the arrears of difference of salary as per the recommendations of the VIth pay commission within six months either in lump sum or in installments. II) If the respondent-Municipal Council decides to pay the arrears of salary as per the recommendations of the VIth pay commission to the other employees of the municipal council for the period from 2006 to 2009, the Municipal Council would pay the arrears to the petitioner at the same time.

III) The petitioner is permitted to withdraw the sum of Rupees Two Lakhs deposited by the Municipal Council in this Court.

IV) Since the petitioner has retired on 31.07.2016, the Municipal Council would pay a sum of Rupees Two Lakhs to the petitioner within 45 days.

WP4655-17 V) No order as to costs.

JUDGE JUDGE APTE