Mohan S/O Krishnarao Ambare vs Dr. Sanjay Mukharji, Secretary ...
2021 Latest Caselaw 15240 Bom

 7.CP.173.19.odt                                                   1

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                           NAGPUR BENCH : NAGPUR.
                            CONTEMPT PETITION NO.173/2019 IN
                              WRIT PETITION NO.2124/2000(D)
                             Mohan Krushnarao Ambare
                                          Vs.
  Dr.Sanjay Mukharji, Secretary, State of Maharashtra, Medical Education and Drugs
                          Department, Mumbai and others.
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 Office Notes, Office Memoranda of                                                 Court's or Judge's Order
 Coram, appearances, Court's Orders
  or directions and Registrar's order
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         Shri Ritesh Badhe, Advocate for petitioner.
         Shri A.S.Fulzele, Additional Government Pleader for respondent nos.1 and 2.
         Shri V.B.Bhise, Advocate for respondent no.3.


            CORAM :-              A.S.CHANDURKAR AND G.A.SANAP, JJ.

DATED :- OCTOBER 25, 2021.

The petitioner does not dispute that in terms of the judgment in Writ Petition No. 304/2008 he has been granted arrears of pay till 31.05.2010, his pension has been fixed accordingly and the amount of gratuity has also been released. His only grievance that now remains is the interest on delayed payment of gratuity under Rule 129-A of the Maharashtra Civil Services (Pension) Rules, 1982.

The learned counsel for the petitioner by referring to the affidavit filed on behalf of the respondent no.2 submits that reference therein has been made to Government Resolution dated 10.08.2016 wherein it has been stated that with regard to those employees/Managements that had approached the Court for grant of benefit of the pension and gratuity scheme, such employees would be entitled to receive these benefits from 10.08.2016. However since the staff of the college where the petitioner was employed is entitled to these benefits from 21.11.2011 as per Government Resolution dated 21.07.1983, the petitioner would also be entitled to receive the amount of gratuity from that date.

Shri A.S.Fulzele, Additional Government Pleader for the respondent nos. 1 and 2 refers to the additional affidavit filed on behalf of the respondent no.2 in which it has been stated that since the amount of gratuity was paid to the petitioner without any delay, there is no question of any interest being paid on such amount.

Considering the Government Resolution dated 10.08.2016 and the fact that the Management where the petitioner was serving was the petitioner no.4 in Writ Petition No.5771/2011, the position as to whether the petitioner is entitled to the amount of gratuity from the dates mentioned in Government Resolution dated 10.08.2016 be clarified by the respondent no.2. An affidavit in that regard be filed within a period of two weeks.

Stand over two weeks.

                    JUDGE                         JUDGE



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