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Balasaheb Marutik Holambe v. the State of Maharashtra and Ors.

Bombay HC22 Aug 2011WP/2972/2011

Case brief

AI extract

What is this about?

The High Court, treating the pension claim as uncontroverted due to the Respondent-State's failure to provide instructions, set aside the Administrative Tribunal's order on limitation. It directed the authorities to decide the pension proposal within three months and pay benefits within six months if eligible.

What did the court decide?

Directed the respondent to decide the pension proposal within three months and pay pensionary benefits within six months if the petitioner is found entitled.

Balasaheb Marutik Holambe Vs the State of… — Pension and Retirement Benefits | Bombay HC (2011)

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(1) WP 2972.2011

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2972 OF 2011

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Balasaheb Maruti Holambe PETITIONER

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VERSUS

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The State of Maharashtra and ors. RESPONDENTS

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.....

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Mr. S.S. Dambe, Advocate for the Petitioner.
Mr. S.K. Tambe, A.G.P. for the Respondent-State.

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.....

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ORAL ORDER:

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1.Though the Court has directed the learned
A.G.P. to take instructions as back as on 25th April,

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2011, even after a period of four (4) months, the
learned A.G.P. reports no instructions. In that view
of the matter, we will have to proceed on the basis

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that the averments in the Petition are

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un-controverted and as such deemed to be accepted.

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2.Rule. Rule made returnable forthwith.

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Heard by consent.

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3.By way of present Petition, the petitioner

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has approached this Court, challenging the order of

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(2) WP 2972.2011

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the learned Maharashtra Administrative Tribunal dated

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11.11.2010,therebydismissingtheOriginal

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Application of the petitioner on the ground of being
filed after the prescribed limitation. The petitioner
has also prayed for a direction to the respondents to
pay the allowance etc.

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4.We do not find it necessary to go into the

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correctness of the order passed by the learned
Maharashtra Administrative Tribunal, inasmuch as this

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Court while exercising its jurisdiction under Article
226 of the Constitution of India, is not prevented
from entertaining the claim of the petitioner, if it
finds that injustice is being done to the petitioner.

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5.A perusal of the communication dated
4.3.2010 at page 88 of the paperbook which is

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addressed by Tahsildar, Parali Vaijanath would reveal
that the Tahsildar himself has found that the
petitioner has completed more than 18 years of
service and as such has recommended the proposal for
grant of pensionary benefits to the Accountant
General, Maharashtra (Accounts and Entitlement).

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(3) WP 2972.2011

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6.The Petition is therefore disposed of with a
direction to the respondent no.5 to decide the
proposal submitted by the Tahsildar dated 4.3.2010
within a period of three (3) months from today and if

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the petitioner is found to be entitled to the
pensionary benefits, it is further directed that the
pensionary benefits, in fact, be paid to the
petitioner within a period of six (6) months from

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today. Rule made absolute in the above terms.

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arp/

Balasaheb Marutik Holambe v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Balasaheb Marutik Holambe v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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