Chandrabhagabai Ganpati Madale vs The State Of Maharashtra And ...
2016 Latest Caselaw 760 Bom

                                                         WP NO.9842 OF 2015

               IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD




                                                                        
                       WRIT PETITION NO.9842 OF 2015




                                                
               Chandrabhagabai w/o Ganpati Madale,
               Age 56 years, Occ: Retired
               r/o Killa Galli, Udgir,




                                               
               Tq. Udgir, Dist. Latur
                                      ...PETITIONER
                    VERSUS

      1.       The State of Maharashtra,




                                       
               Through its Principal Secretary,
               Urban Development Department,
                             
               Mantralaya, Mumbai 431 032

      2.       The Collector, Latur,
                            
               Dist. Latur.

      3.       The Director of Municipal Administration
               Directorate of Municipal Council, Mumbai.
      


      4.       The Chief Officer,
   



               Municipal Council, Udgir,
               Tq. Udgir, Dist. Latur.

      5.       Municipal Council, Udgir,
               Through its President,





               Tal.Udgir, Dist. Latur. 

                                            ...RESPONDENTS
                              ...
      Mr. D.M.Shinde h/f Mr.  Ram S.Shinde, Advocate 





      for the petitioner.
      Mr. S.K.Kadam, AGP for respondent nos. 1 to 3.
      Mr. Mr.M.K.Bhosle, h/f Mr. P.V.Barde, Advocate 
      for respondent no.4. 
                              ...
                     CORAM: R.M.BORDE
                                        AND
                                      P.R.BORA, JJ.

                     DATE : March 18th, 2016
                              ...



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                                                                WP NO.9842 OF 2015

       
      ORAL JUDGMENT: (Per R.M.Borde, J.)




                                                                              
                                                      
      1.               Heard.      Rule.    Rule made returnable and heard

      forthwith with the consent of learned Counsel for the parties.




                                                     
      2.               The petitioner is claiming retirement benefits to the

      tune of Rs.5,34,757/- together with interest at the rate of 9 per




                                          
      cent per annum.               It is not a matter of dispute that the
                             
      petitioner is a retired employee of the Municipal Council and is

      entitled for retirement benefits.                Counsel appearing for
                            
      respondents, on instructions states that the entitlement of the

      petitioner is for an amount of Rs. 4,56,588/- which fact has
      


      been admitted by the learned Counsel appearing for the
   



      petitioner.





      3.               It is contended by the learned Counsel appearing

      for respondent Municipal Council that the Municipal Council is

      facing financial hardships and it is not in a position to pay the





      dues at once.          It also cannot be lost sight of that the petitioner

      is a retired employee and needs the amount for his survival.



      4.               Considering the facts and circumstances of this

      case, we pass following order.




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                                                             WP NO.9842 OF 2015




                                                                           
                                   ORDER

a) The respondent Municipal Council shall pay the

amount to the tune of Rs.4,56,588/- together with interest at

the rate of 6 per cent per annum, as expeditiously as possible,

preferably within a period of four months from today, and it is

accordingly directed.

Rule is accordingly made absolute. No order as to costs.

                 (P.R.BORA)                      (R.M.BORDE)
                   JUDGE                            JUDGE
      


                                           ...
   



      AGP/9842-15wp