The Secretary, Shri Prabhu Rajaramji Shaikshanik And Sanstritik Sanstha, Shankarpur And Another v. Prabhakar Mahaguji Dadmal And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.W. NO.2172/2017 IN WRIT PETITION NO.7084/2014 The Secretary, Shri Prabhu Rajaramji Shaikshanik and Sanskritik Sanstha, Shankarpur, Tah. Chimur, Distt. Chandrapur and another ..Vs..

Prabhakar Mahaguji Dadmal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Kirti Satpute, Adv. for the petitioners.

Shri S. Marathe, Adv. for respondent No.1.

CORAM : Z.A. HAQ, J.

DATE : 4.10.2017.

1.

Heard.

2.

This civil application is filed by the respondent no. 1. The grievance of the respondent No.1 is that inspite of the order passed by this Court on 16th November, 2016 formalities necessary for grant of / release of pensionery benefits of the respondent No.1 have not been complied, because of which the respondent No.1 is deprived of his legitimate claim. 3.

The learned Advocate appearing for the petitioners has submitted that the petitioners have taken steps to comply with the orders, however, inadvertently

2 wp7084.14 some lacunae / deficiencies remained. It is undertaken that the deficiencies will be removed within 15 days. 4.

The respondent No.1, who is now aged about 60 years, is without pensionary benefits. Inspite of order passed by this Court on 16th November, 2016, the plight of the respondent No.1 continues.

5.

Considering the facts of the case, following oder is passed:

The petitioners and the respondent No.4 - Education Officer shall ensure that all necessary steps are taken and orders regarding pensionary benefits of respondent No.1 are issued till 1st December, 2017. If there is failure on the part of the petitioners to comply with the requirements till 6th November, 2017, the respondent No.4 - Education Officer shall take coercive steps / action against the petitioners. If orders regarding release of pensionary benefits of respondent No.1 are not issued till 1st December, 2017, the petitioners shall be jointly and severally responsible for paying Rs.1,000/- (Rs. One Thousand) per day to the respondent No.1 from 2nd December, 2017 till the orders are issued regarding pensionary benefits of the respondent No.1.

Similarly, if the orders regarding the pensionary benefits of the respondent No.1 are not issued till 1st December, 2017, the respondent No.4 - Education Officer will also pay Rs.1,000/-(Rs. One

3 wp7084.14 Thousand) per day to the respondent No.1 from 2nd December, 2017 till the orders in this regards are issued. The civil application is allowed in the above terms.

No costs.

JUDGE Tambaskar.