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Bombay High CourtWP/5566/2016dispossed offdismiss for default

Ku. Shobha Vitthal Gargelwar v. District Social Welfare Officer, Zilla Parishad, Chandrapur And Others

2017-02-07Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Mrs. Justice Swapna Joshi2 pages

Order 070217wp5566.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 5566/2016.

Ku. Shobha Vitthal Gargelwar -VERSUSDistrict Social Welfare Officer, Z.P. Chandrapur and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : FEBRUARY 07, 2017.

Heard Shri P.N. Shende, learned Counsel for the petitioner, Shri N. Rode, learned A.G.P. for respondent no.1 and Shri P.P. Thakare, learned Counsel for respondent nos. 2 and 3.

2.

Respondent nos. 2 and 3 state that pension papers of petitioner shall be forwarded to respondent no.1 within a period of two months.

3.

Learned counsel for petitioner states that respondent no.1 should complete the verification and take further necessary decision in time bound manner. Learned A.G.P. appearing for said respondent no.1 is

Order 070217wp5566.16 seeking reasonable time to complete said exercise. 4.

In this situation, we direct respondent no.1 to complete the scrutiny and to take necessary decision within a period of two months after receipt of pension proposal from respondent nos. 2 and 3. If necessary, opportunity of hearing shall be extended to petitioner as also management.

5.

Amount if any, found due and payable to petitioner shall be released in his favour within a period of two months thereafter. Acceptance of that amount shall not preclude the petitioner from challenging the correctness or otherwise of that undertaking.

6.

With these directions, we dispose of the Writ Petition. No costs.

7.

As we have finally disposed of the Writ Petition, and since the respondents have filed necessary replies, the amount of Rs. 25,000/- each deposited by respondent nos. 2 and 3 and respondent no.1, shall be refunded to them.

JUDGE JUDGE Rgd.