← Library
Bombay High CourtCP/250/2014dispossed offdismiss for default

Smt. Manakarna Ramdas Bhute v. Shri Anilrao Bhandari, The Chief Executive Officer, Z. P. Amravati

2015-08-24Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

cp250-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

Contempt Petition No. 250 of 2014 in Writ Petition No. 121 of 2014 Smt. Manakarna Ramdas Bhute -Vrs.- Anilrao Bhandari and another. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : 24 t h AUGUST, 2015 Heard advocate Kaslikar for petitioner, Advocate Kadu for respondent no.1 Anil Bhandari. Nobody appears for respondent no.2 Sunil Patil.

Both the respondents are earlier Chief Executive Officers of Zilla Parishad, Amravati.

Advocate Kaslikar points out that while disposing of W.P. No.121/2014 on 11.8.2014, the statement made by respondent no.2 Zilla Parishad that they will accept the date 16.10.2013 as the date of voluntary retirement of petitioner was accepted and acted upon by this court. However, though writ petition was disposed of, as no steps were taken and petitioner did not receive any benefits, the contempt petition is required to be filed.

Advocate Kadu submits that he has received instructions from present incumbent, namely Shri Anil Landge. He points out that Shri Landge is successor in office of Chief Executive Officer and on 21.8.2015 he has passed appropriate order in terms of directions of this court on 11.8.2014.

cp250-14.odt According to him, the grievance of petitioner is redressed. Mr. Kaslikar submits that writ petition was disposed on 11.8.2014. For more than 14 months petitioner has not received any benefit. He, therefore, prayed for costs.

After hearing respective counsel, we find that though the description of respondents have been corrected recently, service of notice of contempt petition upon them is still awaited. The order dated 21.8.2015 produced by Advocate Kadu is taken on record and marked as Exh. 'X'. Copy is also served upon Advocate Kaslikar. As per that order, the date 16.10.2013 appears to have been accepted as date of voluntary retirement.

In this situation we direct the present incumbent namely Shri Anil Landge, Chief Executive Officer, Zilla Parishad, Amravati to see that necessary calculations are done and benefits/other amounts are paid to petitioner within a period of three months from today. If the amounts are not so paid, the petitioner shall be entitled to renew her prayer for contempt. In that event, she shall also be given cost of Rs.10,000/- and costs may be recovered personally from respondent nos. 1 & 2 in such circumstances.

With these observations and directions, we dispose of this contempt petition. No costs.

Certified copy is expedited.

JUDGE JUDGE Hirekhan