Allowed

Shri. Shamsundar @ Sham Laxman Madwal v. State of Maharashtra Thorugh Its Secretary and Ors.

Bombay HC12 Mar 2018WP/1175/2018

Case brief

AI extract

What is this about?

This judgment discharged an unclaimed pension of a retired university employee. The court ordered the pension department to receive papers within one month and release benefits within two months, with interest upon default.

What did the court decide?

Pension papers to be forwarded within one month; pension released within two months; 10% interest payable on delay.

Shri. Shamsundar @ Sham Laxman Madwal Vs… — Pension and Retirement Benefits | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1175 OF 2018

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Shamsundar @ Sham Laxman Madwal … Petitioner Versus State of Maharashtra and others … Respondents

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Mr. V.S. Talkute for the Petitioner.

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Ms. K. Kulkarni, AGP for Respondent Nos. 1 and 2 – State. Mr. Rajendra Anbhule for Respondent No.3.

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CORAM : SHANTANU S. KEMKAR AND M. S. KARNIK, JJ. DATE : 12^th MARCH, 2018

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P. C.:

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. Heard learned Counsel for the parties.

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According to the Petitioner, after serving about 27 years with respondent No.3-University, the Petitioner is retired on attaining the age of superannuation. The grievance of the Petitioner is that till date he has not been paid his retiral benefits.

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Learned Counsel for the Petitioner in support of his submissions placed reliance of various orders passed by this Court including the case of Dilip Krushna Tadakhe and others Vs. State of Maharashtra and others passed in Writ Petition No. 6168 of 2012 , decided on 17^th December, 2013.

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Shridhar Sutar

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Keeping in view of aforesaid, we dispose of this petition by directing Respondent No.3 to forward the Petitioner's pension papers to Respondent No.2 if not already forwarded, within a period of one month from the date of receipt of this order. On receipt of the same, Respondent No.2 shall release the Petitioner's pension and other pensionary benefits as may be payable to him within a period of two months thereafter. In case, the Petitioner's pensionary benefits are not extended within a period of three months from the date of receipt of copy of this order by the Respondent No.2, the Petitioner shall be entitle for interest at the rate 10% from six months after his date of retirement till the actual payment.

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With the aforesaid directions, the writ petition is disposed of.

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Parties to act upon an authenticated copy of this order.

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( M. S. KARNIK, J.) ( SHANTANU S. KEMKAR, J. )

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Shridhar Sutar

Shri. Shamsundar @ Sham Laxman Madwal v. State of Maharashtra Thorugh Its Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Shamsundar @ Sham Laxman Madwal v. State of Maharashtra Thorugh Its Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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