Bombay High CourtCAW/2664/2017dispossed offdismiss for default

Sunil Onkarrao Udapurkar And ORS. v. The State Of Mah. ORS.

2018-03-16Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

WP6230-05 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6230/2005 (SUNIL ONKARRAO UDAPURKAR & OTHERS VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Parsodkar, counsel for the petitioners. Shri A.M. Joshi, A.G.P. for the R-1 & 5 to 7. Shri P.C. Madkholkar, counsel for the R-2 to 4. CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : MARCH 16 , 2018.

Stand over after six weeks for further consideration. C.A.W. NO.2664/2017.

By this civil application, the petitioners, that have retired from service during the pendency of the writ petition, have sought a direction against the respondent nos.2 to 4 to pay the retiral benefits, viz. Pension, gratuity and leave encashment to the petitioner no.1 and the petitioner no.3.

Since the petitioners 1 and 3 have retired during the pendency of the writ petition, it would be necessary for the concerned respondents to pay the retiral benefits to the said petitioners. The municipal council should take steps to pay the gratuity and leave encashment benefits to the petitioner nos.1 and 3. The State Government should ensure that the pension is released in favour of the petitioner nos.1 and 3 at the earliest. The municipal council should prepare the pension case of the petitioner nos.1 and 3 as early as possible and send the same to the State Government for appropriate action. The civil application is disposed of in the aforesaid terms. JUDGE JUDGE APTE