Allowed

Smt. Kamala Neelkanth Sathe and Ors. v. Chief Executive Officer, Zilla Parishad, Ratnagiri and Ors.

Bombay HC27 Feb 2019WP/7310/2014

Case brief

AI extract

What is this about?

High Court held that the petitioner, widow of an acquitted husband, is entitled to pension presuming his death. An indemnity must be executed by the petitioner to release pension within eight weeks to protect respondents from future claims.

What did the court decide?

Released pension amount within eight weeks subject to execution of indemnity against future claims.

Smt. Kamala Neelkanth Sathe and Ors. Vs Chief… — Pension and Retirement Benefits | Bombay HC (2019)

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(905) wp-7310-14.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.7310 OF 2014

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Smt.Kamala Neelkanth Sathe and Ors.} Petitioners

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Chief Executive Officer, Zilla Parishad} Ratnagiri and Ors. } Respondents

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Mr.Milind Parab I/b Milind Parab and Associates for the Petitioners.

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Mr.S.B.Kalel, AGP for the RespondentState.

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CORAM :- S. C. DHARMADHIKARI & M. S. KARNIK, JJ.

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DATE :- FEBRUARY 27, 2019

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P.C. :-

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After having heard both sides, we find that the grievance of the petitioner is really redressed. The Education Officer (Primary), Zilla Parishad Ratnagiri, in his affidavit filed on behalf of respondent Nos.1 and 2, has made a statement that the husband of the petitioner was firstly prosecuted, but the criminal trial is concluded and a judgment of acquittal was rendered on 25^th August, 1986. That upon the presumption of his death, the petitioner will be entitled to claim pension which is otherwise due and payable to her husband.

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Page 1 of 2

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M.M.Salgaonkar

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(905) wp-7310-14.doc

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However, there is an apprehension that in the event this amount is now released, the Government may be sued or proceeded against by some persons, for claiming the said amount.

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We are of the opinion that the rights and equities can be balanced if the amount towards pension is released in favour of the petitioner within a period of eight weeks from today on the petitioner's executing an indemnity in favour of the respondent Nos.1 and 2, indemnifying these respondents against all claims made in respect of this pension amount. In such of the claims which are raised against respondent Nos.1 and 2, the petitioner will indemnify these respondents against any adjudication therein.

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If such an indemnity is executed and if the amount is not released within eight weeks, then, it shall carry interest at the rate of 8 per cent per annum till disbursement.

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The writ petition is disposed of accordingly. No costs.

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(M.S.KARNIK, J.) (S.C.DHARMADHIKARI, J.)

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Page 2 of 2

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M.M.Salgaonkar

Smt. Kamala Neelkanth Sathe and Ors. v. Chief Executive Officer, Zilla Parishad, Ratnagiri and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Kamala Neelkanth Sathe and Ors. v. Chief Executive Officer, Zilla Parishad, Ratnagiri and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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