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Bombay High CourtWP/8254/2022dismissed

Balkrishna Udaram Lonare v. The Union Of India, Thr. General Manager, Central Railway, Mumbi And ANR.

2023-03-08Hon'Ble Shri Justice Rohit Baban Deo,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

1 w.p. 8254.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 8254 of 2022 [Shri Balkrishna Udaram Lonare ..vs.. The Union of India, through its General Manager, C.R., Mumbai and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. A. Kalbande, Advocate for the petitioner CORAM : ROHIT B. DEO AND MRS. VRUSHALI V. JOSHI, J J.

DATED : 8-3 -202 This petition is absolutely misconceived.

2.

The grievance of the petitioner was non-payment of interest on gratuity of Rs. 71,000/- (Rupees Seventy One Thousand).

3.

The petitioner approached the Central Administrative Tribunal (CAT) in Original Application 2144/2019. This application was partly allowed and the employer was directed to decide the representations preferred by the petitioner seeking interest by passing a reasoned and speaking order.

4.

The employer has, complied with the order of the CAT and passed reasoned order refusing to pay interest inter alia on the ground that criminal prosecutions were

2 w.p. 8254.2022.odt pending and after acquittal, the gratuity is released without any inordinate delay.

5.

If the petitioner is aggrieved by the decision rendered pursuant to the judgment of the CAT, remedy lies elsewhere.

6.

The petition is dismissed.

7.

All contentions are kept open.

(Mrs. Vrushali V. Joshi, J.) (Rohit B. Deo, J.) wasnik YUVRAJ WASNIK