Bombay High Court
Shankar S/O Mahadevrao Aswar vs State Of Maharashtra, Through ... on 31 January, 2022
Bench: A.S. Chandurkar, Pushpa V. Ganediwala
25jud wp 3626.2021..odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION (WP) NO. 3626/2021
1. Shri Shankar S/o Mahadevrao Aswar
aged about 67 years, Occu-Retired,
R/o. Guljarpura, Anajangaon Surji,
Anjangaon, Dist-Amravati ..... PETITIONER
// VERSUS //
1. State of Maharashtra,
through its Secretary
Urban Development Department
Mantralaya, Mumbai-30
2. State of Maharashtra,
through its Director,
Nagar Parishad Sanchanaayalaya,
3rd Floor, Sir Ponchkhanwala Marg,
Varali Mumbai- 400032.
3. Municipal Council, Aanjagaon Surji,
through its Chief Officer,
Municipal Council Officer,
Anjajangaon Surji,
District - Amravati.
4. The Regional Director of Municipal
Administration, Amravati Division,
Amravati.
5. The Collector, Amravati,
Tah. and Dist- Amravati .... RESPONDENT(S)
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Shri Gajanan N. Shinde, Advocate for the petitioner
Ms. Kalyani R. Deshpande, AGP for respondent nos. 1, 2, 4 & 5/State
Shri K. P. Mahalle, Advocate for respondent no. 3
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25jud wp 3626.2021..odt
2
CORAM : A. S. CHANDURKAR AND
PUSHPA V. GANEDIWALA, JJ.
DATED : 31/01/2022
ORAL JUDGMENT : (PER:- A. S. CHANDURKAR, J.)
Rule. Rule made returnable forthwith. Heard the learned
counsel for the parties.
2. The petitioner was serving as a Peon at Municipal Council,
Anjangaon Surji, District Amravati. He subsequently discharged the
duties as a Driver and thereafter retired from service from 26.12.2011.
Since the petitioner has not been paid arrears of leave encashment and
arrears of pension as per recommendations of the 6th Pay Commission,
he made various representations to the Municipal Council. Since his
efforts were not successful, the petitioner has approached this Court
seeking release of aforesaid monetary benefits.
3. The learned counsel for respondent No. 3 submits that now
the Municipal Council, Anjangaon Surji, has passed resolution
dated 06.08.2016 for releasing the arrears of salary w.e.f.
01.01.2006, in terms of the 6 th Pay Commission pay scales and, but
due to paucity of funds the Municipal Council has decided to release the
arrears of pension/salary in installments.
4. We have gone through Government Resolution dated
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25jud wp 3626.2021..odt
06.08.2016. It does not prescribe any time period within
which the arrears of pension/salary would be released. But, the fact
remains that the Municipal Council has already resolved to release the
arrears of pension/salary. We are of the view that now it is time that
same is done and completed by the Municipal Council at the earliest.
5. Accordingly, we direct the Municipal Council, Anjangaon
Surji to release the arrears of pension and leave encashment due and
payable to the petitioner in terms of 6 th Pay Commission within a period
of one year starting from 01.02.2022.
6. Needless to state that the Municipal Council shall take into
account any payment made earlier to the petitioner in the aforesaid
context.
7. Rule is made absolute in the aforesaid terms. No costs.
JUDGE JUDGE
Digitally
signed by
SANDIP
SANDIP MAHADEV
MAHADEV GATE
GATE Date:
2022.01.31
17:00:59
+0530
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