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Bombay High CourtCP/333/2019disposed off

Mutyapa Rama Mane v. Kiran Lohar, Education Officer (Secondary) And ORS.

2019-09-19Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Akil Kureshi2 pages

20-cp-333-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 333 OF 2019 Mutyapa Rama Mane ... Petitioner V/s.

Kiran Lohar and ors.

... Respondents ­­­­­­­­­­­­­­­­ Ms Fauzia T. Bukhari for the Petitioner.

Mr. A.I. Patel, Addl. Govt. Pleader a/w. Mr. A.P. Vanarse, AGP for Respondent No.1.

­­­­­­­­­­­­­­­­

CORAM

:

AKIL KURESHI & S.J.KATHAWALLA, JJ.

DATE :

19th SEPTEMBER, 2019.

P.C.

1] Mr. A.I. Patel, learned Additional Government Pleader appearing for respondent No.1, stated under instructions that despite no cooperation from the school management­ respondent No.3, the State authorities have compiled the pension papers of the petitioner­teacher and forwarded to the Accountant General who would take a final decision on the pension payable to the petitioner.

2] The Accountant General shall complete this process within three months and release the pension payable to the petitioner along with arrears within such time. Dinesh Sherla 1/2

20-cp-333-19.doc 3] Respondent No.3 ­ school management was principally responsible for compiling the pension papers which even according to respondent No.1 was not done. This appears to be a prima facie reason for non­releasing of the pension of the teacher for some time. Despite service of notice, no one remained present for respondent No.3. We deprecate this inaction and non­cooperation on the part of respondent No.3. 4] In view of the development recorded above, though we do not pursue this Contempt Petition further, nevertheless, respondent No.3 is saddled with costs of Rs.10,000/­ to be paid to the petitioner, which shall be paid within a period of four weeks from the receipt of copy of this order. 5] Contempt Petition is disposed of.

(S. J. KATHAWALLA, J.) (AKIL KURESHI, J.) Dinesh Sherla 2/2