Bombay High CourtWP/5882/2014dispossed offdismiss for default

Baby Wd/O Kawdu Khodankar v. Divisional Commissioner, Nagpur Division And Another

2015-04-16Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar1 pages

1 wp5882.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5882 OF 2014 [Baby wd/o Kawdu Khodankar .vs. Additional Commissioner, Nagpur Division, Nagpur and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P. Sonwane, counsel for the petitioner, Shri D.P. Thakare, Additional Government Pleader for the respondent no.1, Shri P.S. Khubalkar, counsel for the respondent no.2. ..........

CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATED : APRIL 16, 2015.

Learned counsel for the respondent no.2 has tendered an affidavitin-reply in the court today. The same is accepted on record. It appears from a reading of the affidavit-in-reply and the order dated 4.3.2015 annexed thereto, it appears that the petitioner is asked to produce the relevant papers for getting the pension payment order. It is stated in the affidavit that an amount of Rs.1,913/- per month is payable to the husband of the petitioner from 3.7.2005 to 2.7.2012 and the petitioner would be entitled to an amount of Rs.25,080/- towards the payment of gratuity. It appears, on a reading of the order dated 4.3.2015, that the purpose of filing the writ petition stands served.

The learned counsel for the petitioner states that the grievance of the petitioner would stand redressed by the said order, but the respondents may be directed to process the matter at the earliest and pay the benefits to the petitioner immediately.

In view of the aforesaid, we dispose of the writ petition, with a direction to the respondents to pay the pension and gratuity amount of the petitioner as early as possible and positively within a period of two months from the date of submission of the necessary papers by the petitioner to the respondent no.2. Order accordingly. No costs.

JUDGE JUDGE Gulande