Shakinabai Ajmuddin Mulani vs The State Of Maharashtra And Ors
2021 Latest Caselaw 14799 Bom

         Digitally
         signed by
         NITIN
NITIN    DINKAR
DINKAR   JAGTAP
JAGTAP   Date:
         2021.10.09   Kanchan P Dhuri                          1    / 2                      32-IA-1289-2021.odt
         17:41:12
         +0530


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                              INTERIM APPLICATION NO. 1289 OF 2021
                                                                    IN
                                                   WRIT PETITION NO. 494 OF 2009
                         Shakinabai Ajmuddin Mulani                            ...      Petitioner
                                   Versus
                         The State of Maharashtra and others                   ...      Respondents
                                                                   WITH
                                                  WRIT PETITION NO. 2689 OF 2009
                         Shri Vithal Devesthan Trust, Kem & Anr.               ...      Petitioners
                         Versus
                         The State of Maharashtra & Ors.                       ...      Respondents
                                                                   .........
                         Ms. Babita Pandey for the Petitioner in WP No. 494 of 2009.
                         Ms. S.D. Vyas, 'B' Panel Counsel for the State.
                         Mr. Vaibhav Ugle alongiwth Mr. Vikas Somawanshi for Respondent Nos.2 and 3 in
                         WP No. 494 of 2009 and for the Petitioners in WP No. 2689 of 2009.
                                                                 .........
                                                     CORAM :       S.J. KATHAWALLA AND
                                                                   MILIND N. JADHAV, JJ.

                                                     DATED :       OCTOBER 8, 2021.

                         P.C. :-

Writ Petition No. 494 of 2009 is filed by the Petitioner in the year 2009

impugning the Judgment and Order dated 31st July, 2008 passed by Respondent No. 6 -

Divisional Social Welfare Officer, Latur Division, rejecting the Petitioner's claim to Kanchan P Dhuri 2 / 2 32-IA-1289-2021.odt

receive salary for the period she was not allowed to sign the muster i.e. from 2 nd

November, 1998 to 8th July, 2003. The Petitioner has now retired on 31 st May, 2021.

However, despite being in dire need of money, she has not received her retirement

benefits on the ground that Writ Petition No. 494 of 2009 is pending before the Court.

In view thereof, pending the hearing and final disposal of Writ Petition No. 494 of

2009 and without prejudice to the rights and contentions of the parties, we pass the

following order :

(i) Respondent Nos.2 and 3 shall send all the necessary papers pertaining to the

post retirement benefits which the Petitioner is entitled to for the period 9 th July, 2003

upto 31st May, 2021 to the Assistant Commissioner, Solapur within four weeks from

today who in turn shall forthwith forward the same to the Accountant General in

Mumbai.

(ii) The Accountant General shall scrutinize the papers and pay the post retirement

benefits to the Petitioner for the undisputed period i.e. from 9 th July, 2003 upto 31st

May, 2021 within a period of six weeks thereafter.

(iii) Place the above Writ Petitions for directions on 3rd November, 2021.

   ( MILIND N. JADHAV, J. )                                 ( S.J. KATHAWALLA, J. )