Shahaji Bira Shendage vs The Commandant, 191 Battalion ...
2023 Latest Caselaw 9419 Bom

2023:BHC-NAG:13367-DB

                                                1              32.WP.4827-2022 JUDGMENT.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  NAGPUR BENCH : NAGPUR

                                  WRIT PETITION NO. 4827 OF 2022

                        Mr. Shahaji Bira Shendage
                        Aged 41 years, Retired,
                        Resident of Rewanal
                        Tah-Jat, Distt-Sangli (Maharashtra).      PETITIONER


                         Versus

                  1. The Commandant, 191 Battalion
                     Central Reserve Police Force Wadsa,
                     Post-Wadsa Desaiganj (Police Station
                     Desaiganj) Gadchiroli,
                     Maharashtra-441207.

                  2. The Pay and accounts Officer
                     Central Reserve Police Force
                     Ministry of Home affairs
                     Plot No.-14, PSP-2, Sector-23
                     Rohini near Begumpur Police Station
                     New Delhi-110086.                            RESPONDENTS

                 -----------------------------------------------
                 Mr. P.T. Ramteke & S.S. Gedam, Advocates for the Petitioner.
                 Mr. V.A. Bramhe, Advocate for the Respondent Nos.1 & 2.
                 -----------------------------------------------


                                     CORAM : AVINASH G. GHAROTE AND
                                             URMILA JOSHI-PHALKE, JJ.

                                     DATED     : 7th SEPTEMBER, 2023

                 ORAL JUDGMENT :- (PER : AVINASH G. GHAROTE, J.)
                                2            32.WP.4827-2022 JUDGMENT.odt




            Heard.

2. Rule. Rule made returnable forthwith.

3. Heard finally by the consent of the learned counsels

appearing for the rival parties.

4. It is not in dispute that the VRS proposal of the

petitioner who was working as a Constable with the C.R.P.F. has

been accepted, the retiral benefits like Gratuity and PF have

already been paid to him.

5. The only dispute is regarding the payment of

pension, which has been withheld by the respondents on the

ground that there is a matrimonial dispute pending between the

petitioner and his wife before the 3 rd JT. Civil Judge Senior

Division, Sangli, and though the petitioner has given his

nomination regarding the family pension, nominating his

mother, that is the ground why the pension has not been

released.

6. Upon an enquiry with Mr. Bramhe, learned counsel 3 32.WP.4827-2022 JUDGMENT.odt

for the respondents, he is unable to point out any provision, rule

or notification, which prohibits payment of pension on account

of pendency of the matrimonial dispute. The only ground raised

is that the earlier nomination was in favour of the wife of the

petitioner and pendency of the matrimonial dispute. Since, the

nomination is now changed which is permissible in terms of the

provisions applicable, in respect of which there is no dispute,

we, therefore, do not see any reason why the pension be not

released in favour of the petitioner.

7. The Petition is accordingly allowed and the

respondents are directed to fix and release the pension of the

petitioner in terms of the rules which may be applicable.

8. Rule is made absolute in the above terms. No costs.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.)

S.D.Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 08/09/2023 17:05:45