Shri. Shrikrishna Narayanroa Yeul v. State Of Maha., Through The Director, Nagar Parishad Sanchalanalaya, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.91/2016 Shri Shrikrishna Narayanrao Yeul ...Versus...

State of Maharashtra, through the Director, Nagar Parishad Sanchalanalaya, Mumbai 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 Ashwini Athalye, Advocate for petitioner Shri A.M. Balpande, AGP for respondent nos.1, 3 & 4 Shri Kaustubh Deogade, Adv. h/f Shri Virat Mishra, Adv. for respondent no.2 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 04.08.2016 Heard.

The only prayer made by the petitioner in this writ petition is for a direction to the respondent no.2 to release the amount of gratuity and leave encashment to the tune of Rs.1,82,847/- along with interest.

Shri Deogade, the learned Counsel holding for Shri Virat Mishra, the learned Counsel for the respondent no.2 states, on instructions, that the amount could not be paid to the petitioner due to the extremely weak financial condition of the Municipal Council. It is stated that in all similar matters since this Court has granted some time to the Municipal Council to pay the amount either in lump sum or in installments, a similar order could be passed in this case also.

On hearing the learned Counsel for the parties and on a perusal of the orders passed by this Court in the earlier writ petitions, we dispose of this writ petition with a direction to the respondent no.2 to pay the arrears of gratuity and leave encashment to the petitioner in installments, within six months. Order accordingly. No costs.

JUDGE JUDGE Wadkar

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : S.S. Wadkar, P.S. Uploaded on : 06/08/2016