Yuvraj S/O Zingruji Badwaik v. Municipal Council Tumsar, Bhandara Thr. Its Chief Officer

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

OF Kailash S/o Jagdishprasad Verma, Aged about 59 years, Occu. Retired, R/o Shiv Nagar, Tumsar, Tah. Tumsar, Dist. Bhandara.

....... PETITIONER ...V E R S U S...

Municipal Council Tumsar, Tah. Tumsar Dist. Bhandara through its Chief Officer.

....... RE SPONDENT WRIT PETITION NO.

OF Subhash S/o Shankarrao Vaidya, Aged about 61 years, Occu. Retired, R/o Gandhi Nagar, Tumsar, Tah. Tumsar, Dist. Bhandara.

....... PETITIONER ...V E R S U S...

Municipal Council Tumsar, Tah. Tumsar Dist. Bhandara through its Chief Officer.

....... RE SPONDENT WRIT PETITION NO.

OF Yuvraj S/o Zingruji Badwaik, Aged about 60 years, Occu. Retired, R/o at Post Village Pipra, Tah. Tumsar, Dist. Bhandara.

....... PETITIONER ...V E R S U S...

Municipal Council Tumsar, Tah. Tumsar Dist. Bhandara through its Chief Officer.

....... RE SPONDENT -------------------------------------------------------------------------------------------- Mr. K. S. Motwani, Advocate for Petitioner in all Writ Petitions.

Mr. Anand Deshpande, Advocate for Respondent in all Writ Petitions.

-------------------------------------------------------------------------------------------- COR A M :

ROHIT B. DEO AND Y. G. KHOBRAGADE , J J .

DATE:

th JANUARY, .

ORAL JUDGMENT:

(PER Y. G. KHOBRAGADE, J.) Heard. Rule. Rule made returnable forthwith by consent of the learned counsel for the parties. 2.

The grievance of the petitioners is about non-payment of monetary benefits arising out of their superannuation and that though they made several representations with the respondent - Municipal Council, but their dues are not being paid. 3.

Today, the learned counsel appearing for the petitioners tendered statement in respect of payment of dues to the employees, which is taken on record and marked Exhibit-X for identification. The learned counsel for the respondent has not disputed about dues described in statement Exhibit-X.

4.

As per the statement amount of Rs.3,29,080/- (Rupees Three Lakhs Twenty Nine Thousand Eighty) is remained to be paid to the petitioner in Writ Petition 1122/2022, Rs.6,75,499/- (Rupees Six Lakhs Seventy Five Thousand Four Hundred Ninety Nine) in Writ Petition 280/2022 and Rs.8,76,790/- (Rupees Eight Lakhs Seventy Six Thousand Seven Hundred Ninety) in Writ Petition 1092/2022. The learned counsel appearing for the respondent - Municipal Council submitted that within period of six months from today unpaid retiral benefits would be paid to the petitioners. The counsel for the petitioners have not raised any objection for said period. Therefore, it would be just and proper to direct the respondent - Municipal Council to pay arrears of amount to the petitioners within a period of six months from today in equal monthly installments failing which the petitioners would be entitled to recover said amount at the rate of 12% per annum from the date the amount became originally due. 5.

Rule is made absolute in above terms. No order as to costs.

(Y. G. KHOBRAGADE, J.) (ROHIT B. DEO, J.) SHIVNARAYAN NIKHARE NSN