Bombay High Court
Jaiprakash S/O Narayan Zirmire vs Municipal Commissioner, Nagpur ... on 30 January, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:932-DB
1 13.WP.222-2024. JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 222 OF 2024
Dr. Jaiprakash S/o Narayan Zirmire,
Aged 74 years, Occ. Retired,
R/o. Plot No.12, Mhada Colony,
Narendra Nagar, Nagpur-440015. PETITIONER
Versus
Municipal Commissioner,
Nagpur Municipal Corporation,
Mahanagar Palika Bhavan, Civil Lines,
Sadar, Nagpur-440001. RESPONDENT
-----------------------------------------------
Mr. Vipin M. Lute, Advocate for the Petitioner.
Mr. Rohan R. Chhabra, Advocate for the Respondent.
-----------------------------------------------
CORAM : AVINASH G. GHAROTE AND
ABHAY J. MANTRI, JJ.
DATED : 30th JANUARY, 2025
ORAL JUDGMENT :- (PER : ABHAY J. MANTRI, J.)
Heard.
2. Rule. Rule made returnable forthwith. Heard finally,
2 13.WP.222-2024. JUDGMENT.odt
with the consent of the learned Counsels, appearing for the rival
parties.
3. Mr. Lute, learned Counsel for the Petitioner,
submitted that the Petitioner is entitled to benefits as per the
Government Resolution dated 22.06.2009. He further canvassed
that the issue in the present matter is squarely covered by the
judgment in Writ Petition No. 6331/2022 (Rishipalsingh s/o
Mukhrajsingh Choudhary Vs. Municipal Commissioner) decided
on 05.09.2023. He, therefore, urged that the Petition could be
disposed of in view of the observations made in the said
judgment.
4. Mr. Chhabra, learned Counsel for the Respondent,
disputes the applicability of the Government Resolution dated
22.06.2009 to the applicant. However, he submitted that the
issue of the revised pension is covered and settled by the
judgment dated 05.09.2023 passed by this Court in Writ Petition
No. 6331/2022 so the matter can be disposed of by extending
the benefits of the revised pension only.
3 13.WP.222-2024. JUDGMENT.odt
5. Mr. Lute, learned Counsel for the Petitioner, upon
instructions of the Petitioner, who is present in the Court,
submitted that he is ready to waive the claim for arrears in
respect of prayer clause (g) and (h) of the Petition, which reads
thus as under:
" g) to revert the changed grade pay of the petitioner to
Rs. 6,600/- (Rupees Six Thousand Six Hundred Only) as it
was before the passing of the order dated 19/03/2018
(Annx.D);
h) to direct the respondent authority to pay back the
amount of Rs. 49,379/- (Rupees Forty Nine Thousand Three
Hundred Seventy-Nine Only) recovered from the monthly
pension of the petitioner vide order dated 19/03/2018
(Annx. D);"
6. Accordingly, Mr. Lute, learned Counsel for the
Petitioner, urged that in view of what has been held in Writ
Petition No. 6331/2022, the present Petition be disposed of.
7. Having considered the same, it appears that the
issue in the present case is squarely covered by the decision in
Writ Petition No. 6331/2022, and therefore, we deem it
appropriate to pass the following order.
4 13.WP.222-2024. JUDGMENT.odt
ORDER
i. The Petition is partly allowed in terms of what has been
held in Writ Petition No.6331/2022, and the directions
given therein shall be followed.
ii. The Respondent/NMC is directed to pay the Petitioner a
revised pension as per Government Resolution dated
22.06.2009 from 01.08.2008 within a period of six
weeks from the date of this order. If the aforesaid
directions are not complied with, the Respondent would
be liable to pay the aforesaid amount with interest
@ 18% per annum.
8. Rule is made absolute in the above terms. No costs.
9. Pending applications, if any, shall stand disposed of
accordingly.
(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)
S.D.Bhimte
Signed by: Mr.S.D.Bhimte
Designation: PA To Honourable Judge
Date: 31/01/2025 11:02:14
