Disposed

Ramesh Mareppa Parkhe v. Manisha Patankar Mhaiskar and Others

Bombay HC13 Jun 2019CP/324/2018

Case brief

AI extract

What is this about?

Three contempt petitions in writ petitions challenging non-payment of pension dues were disposed of. The Court accepted the undertaking of the Chief Executive Officer, Municipal Council Udgir, to reconcile claims if petitioners appear. The disputes were resolved by accepting this statement as an undertaking without deciding on union membership.

What did the court decide?

Directs the Chief Executive Officer, Municipal Council Udgir, to reconcile claims, verify accounts, and pay unpaid amounts within two weeks if representations match records.

Ramesh Mareppa Parkhe Vs Manisha Patankar Mhaiskar and Others — Contempt of Court | Bombay HC (2019)

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320.18CP+.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CONTEMPT PETITION NO.320 OF 2018
IN

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WRIT PETITION NO.1675 OF 2017

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Nizamoddin s/o. Abdul Wahed,
Age: 62 years, Occ : Pensioner
R/o. Mohalla Pethdarwaza, Udgir,
Tq.Udgir, Dist. Latur. .. PETITIONER

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VERSUS

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1. Smt.Manisha Patankar-Mhaiskar Principal Secretary, Urban Development Department, Mantralaya, Mumbai-32.

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2. Shri. Prushotam Bhapkar Divisional Commissioner and the Regional Director, Municipal Administration Aurangabad Division, Aurangabad.

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3. Shri G. Shreekant District Collector Collector Office, Latur.

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4. Nitin Gulabrao Kapadnis Asstt. Commissioner Municipal Corporation Pimpri Chinchwad, Dist.Pune

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 ..RESPONDENTS

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WITH

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CONTEMPT PETITION NO.323 OF 2018 IN WRIT PETITION NO.8658 OF 2016

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320.18CP+.odt

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Suresh s/o. Ganpati Madle,
Age: 60 years, Occ : Pensioner
R/o. Mhada Colony, Jalkot road Udgir
Tq.Udgir, Dist. Latur. .. PETITIONER

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VERSUS

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1. Smt.Manisha Patankar-Mhaiskar Principal Secretary, Urban Development Department, Mantralaya, Mumbai-32.

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2. Shri. Prushotam Bhapkar Divisional Commissioner and the Regional Director, Municipal Administration Aurangabad Division, Aurangabad.

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3. Shri G. Shreekant District Collector Collector Office, Latur.

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4. Nitin Gulabrao Kapadnis Asstt. Commissioner Municipal Corporation Pimpri-Chinchwad, Dist.Pune

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 ..RESPONDENTS

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WITH

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CONTEMPT PETITION NO.324 OF 2018 IN

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WRIT PETITION NO.1675 OF 2017

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Ramesh s/o. Mareppa Parkhe,
Age: 60 years, Occ : Pensioner
R/o. Kile Galli, Udgir,
Tq.Udgir, Dist. Latur. .. PETITIONER

320.18CP+.odt

VERSUS

1. Smt.Manisha Patankar-Mhaiskar

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Principal Secretary, Urban Development Department, Mantralaya, Mumbai-32.

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2. Shri. Prushotam Bhapkar Divisional Commissioner and the Regional Director, Municipal Administration Aurangabad Division, Aurangabad.

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3. Shri G. Shreekant District Collector Collector Office, Latur.

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4. Nitin Gulabrao Kapadnis Asstt. Commissioner Municipal Corporation Pimpri Chinchwad, Dist.Pune (M.S.)

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 ..RESPONDENTS

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...

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Mr.M.S.Chaudhari,Advocateforthe

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petitioners in all three Contempt Petitions.
Mr.P.V.Barde, Advocate for respondent no.4 in
all three Contempt Petitions.

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...

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CORAM : PRASANNA B.VARALE &

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 R.G.AVACHAT, JJ.

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 DATE : 13.06.2019

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PER COURT:

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1]This Court, in its detailed order

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dated 3rd January, 2019, recorded contentions

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raised by the petitioners and counter

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320.18CP+.odt

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submissions reflected in the affidavit in
reply filed before this Court on behalf of
the respondent – Municipal Council, Udgir.
This Court also recorded its reservation in
so far as locus of these petitioners are
concerned. This Court permitted the
petitioners to file affidavit. Accordingly,

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the affidavits are filed on behalf of these
petitioners stating that these petitioners
are not members of the Union.

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2]Today, Mr.P.V.Barde, learned counsel
for respondent no.4 made a statement before
us that in so far as these three petitioners
are concerned, Mr.Nizamoddin Abdul Wahed in
Contempt Petition No.320 of 2018 stood
retired on 31.03.2015. The amount payable to
Mr.Nizamoddin Abdul Wahed was Rs.8,10,124/-
and the total amount of Rs.8,10,824/- is paid
to Mr.Nizamoddin Abdul Wahed. Mr.Suresh
Ganpati Madle in Contempt Petition No.
323/2018 stood retired on 02.08.2010. The

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320.18CP+.odt

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amount payable to Mr.Suresh Ganpati Madle was
Rs.5,02,006/- and the total amount to the
tune of Rs.5,02,006/- is paid to Mr.Suresh
Ganpati Madle. Similarly, Mr.Ramesh Mareppa
Parkhe in Contempt Petition No.324/2018 stood
retired on 31.12.2014. The amount payable was
Rs.8,90,588/- and the total amount to the
tune of Rs.8,90,588/- is paid to the
petitioner, namely, Ramesh Mareppa Parkhe.
Mr.Barde, learned counsel for respondent no.4
– Municipal Council, Udgir, on instructions
from the Chief Executive Officer of Municipal
Council, Udgir, makes a statement before this

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Court that the Chief Executive Officer of
Municipal Council is ready to reconcile the
aspect of the payment to these three
petitioners, in case the petitioners attend
the office of the Chief Executive Officer
with a representation / statement disclosing
the figures of an unpaid amount as per the
submission of these petitioners.

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320.18CP+.odt

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3]On receipt of representation /

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application, the Chief Executive Officer on
verification of the record and accounts,
would take appropriate decision within
stipulated period of four weeks. In case, the
submission made before the Chief Executive
Officer of the Municipal Council in respect
of the amount due and payable to these three
petitioners, namely, Nizamoddin s/o.Abdul
Wahed; Suresh s/o. Ganpati Madle and Ramesh
s/o. Mareppa Parkhe, is found in consonance
with the record, such an unpaid amount would
be disbursed to these three petitioners
expeditiously within two weeks thereafter.

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4]Mr.M.S.Chaudhari, learned counsel

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appearing for the petitioners was then
apprised with the statement made before this
Court in respect of these three petitioners.

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Mr.M.S.Chaudhari, learned counsel, on seeking
his response, submitted before this Court

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320.18CP+.odt

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that the petitioners are ready to undertake
exercise as suggested by the learned counsel
Mr.Barde appearing for the Chief Executive
Officer,MunicipalCouncil,Udgir.
Mr.M.S.Chaudhari then submitted that these
threepetitionersnamely,Nizamoddin
s/o.Abdul Wahed; Suresh s/o. Ganpati Madle
and Ramesh s/o. Mareppa Parkhe would attend
the office of the Chief Executive Officer by
accepting this statement made before this

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Court on behalf of the Chief Executive
Officer, Municipal Council, Udgir.

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5]We direct the Chief Executive
Officer, Municipal Council, Udgir to take

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steps as per the statement made before this
Court and the order passed by this Court to
that effect. As the petitioners have shown
their willingness to undertake the exercise
as per the suggestion as referred above,
without going into any other controversy as
to whether these petitioners are the members

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320.18CP+.odt

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of the Union or otherwise, we deem it
appropriate to dispose of these Contempt
Petitions, accepting the statement made
before this Court on behalf of the Chief
Officer, Municipal Council, Udgir, as an
undertaking. Accordingly, these Contempt
Petitions are disposed of.

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[R.G.AVACHAT, J.] [PRASANNA B.VARALE,J.]
DDC

Ramesh Mareppa Parkhe v. Manisha Patankar Mhaiskar and Others

Case brief

What is this about?

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Ramesh Mareppa Parkhe v. Manisha Patankar Mhaiskar and Others

Case brief

What is this about?

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