Disposed

Vyankat Narayan Bande v. the State of Maharashtra and Others

Bombay HC22 Jan 2024WP/610/2022

Case brief

AI extract

What is this about?

Retired employees of a financially strained Municipal Council sought unpaid retiral benefits. Following its earlier order in a similar matter, the Court directed the Council to request State funding and the Government to release it in three dated installments including interest, for disbursement within ten days of receipt.

What did the court decide?

State to fund retiral benefits in three installments (by 15.03.2024, 31.05.2024, 31.07.2024) with interest; Municipal Council to disburse within ten days of each receipt.

Vyankat Narayan Bande Vs the State of Maharashtra… — Municipal and Town Planning | Bombay HC (2024)

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2024:BHC-AUG:1701-DB

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1 6wp14616o23 group

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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6 WRIT PETITION NO. 14616 OF 2023

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GIRJABAI LINGOJI KAMTHEWAD

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VERSUS

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THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

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AND

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WRIT PETITION NO.12773 OF 2023

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(Not on the Board. Mentioned. Taken on the Production Board.)

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SUMANBAI SURYAKANT BOINWAD

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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AND

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WRIT PETITION NO.610 OF 2022

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(Not on the Board. Mentioned. Taken on the Production Board.)

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VYANKAT NARAYAN BANDE

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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AND

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WRIT PETITION NO.182 OF 2022

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(Not on the Board. Mentioned. Taken on the Production Board.)

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SARLABAI PRABHAKARRAO JOSHI VERUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for the Petitioners : Mr. Vivek V. Bhavthankar AGP for Respondents 1 and 2/State : Mr. P.K. Lakhotiya Advocate for Respondent 3/MC : Mr. Angad L. Kanade

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6wp14616o23 group

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CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

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DATE :- 22^nd January, 2024

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Per Court :-

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In these matters, Respondent No.3/Municipal

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Council has taken a stand that because it does not have money, it cannot pay the retiral benefits to the retired employees.

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In similar circumstances, this Court has passed an order on 02.01.2023 in Writ Petition No.9334/2021 ( Smt.Gangubai Subhash Chalvade vs. The State of Maharashtra and others ). It is the same Municipal Council before us today. 4. In view of the above and for the reasons recorded in

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the detailed order dated 02.01.2023 in Writ Petition No.9334/2021 (supra), these Writ Petition are disposed off with the following directions:-

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(a) Respondent No.3/ Municipal Council shall forward a request to the State Government within two weeks from today, seeking release of the funds for the purpose of paying the retiral benefits to the Petitioners and all similarly situated employees, who have not preferred any petition in the High Court.

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(b) The Government would release the said funds in

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three installments. The first installment would be delivered to the Municipal Council, on or before 15.03.2024; the second installment would be delivered, on or before 31.05.2024; and the last installment would be delivered, on or before 31.07.2024.

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(c) The above stated amounts, which would be demanded by Respondent No.3/ Municipal Council, would include the admissible rate of interest component to be paid to the Petitioners to the extent of the unpaid retiral benefits.

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(d) Within ten days of receiving of each of the installments, Respondent No.3 would disburse the amounts to the Petitioners and similarly situated employees, as a part of the first, second and third equated installments.

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kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J. )

Vyankat Narayan Bande v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Vyankat Narayan Bande v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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