Disposed¶21

Mohd. Sharif Raza Mohd Isshak and Others v. State of Maha., Thr. Its Secretary for Urban Development Dept., Mumbai and Another

Retiral benefits – Delayed payment

Bombay HC10 Mar 2025WP/2264/2024

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What is this about?

gratuity; provident fund (PF); leave encashment; 7th Pay Commission arrears; retiral benefits; superannuation 2017-2020; delay in payment; lack of funds; phase-wise payment; instalment schedule up to 2028; six months direction; respondent No. 2; State of Maharashtra; Nagpur Bench; Writ Petition No. 5923 of 2024; Writ Petition No. 2264 of 2024; Madhukar Suryabhan Datir; Mohd. Sharif Raza Mohd. Isshak

What did the court decide?

Direction to respondent No. 2 to pay the petitioners' retiral benefits (gratuity, PF and leave encashment) within six months from the date of the order. ¶21

Mohd. Sharif Raza Mohd Isshak and Others Vs State of Maha., Thr. Its Secretary for Urban Development Dept., Mumbai and Another — Bombay HC (2025) — LawSathi Research

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2025:BHC-NAG:2419-DB

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1 47wp5923.2024..odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.

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WRIT PETITION NO. 5923 OF 2024

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(Madhukar Suryabhan Datir and ors Vs. The State of Maharashtra and anr)

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AND

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WRIT PETITION NO. 2264 OF 2024

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(Mohd. Sharif Raza Mohd. Isshak and ors Vs. The State of Maharashtra and anr)

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions

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and Registrar's orders

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Mr. S.M. Vaishnav, Advocate for petitioners. Mr. A.V. Palshikar, AGP for respondent No. 1/State. Mr. J.B. Kasat, Advocate for respondent No. 2.

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CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

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DATED : 10-03-2025

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By consent of the parties, the petitions are heard finally.

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On 31.1.2025 we had recorded the following position:

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“1. There is no dispute that the petitioners are entitled to the amounts on account of gratuity, leave encashment and arrears of salary on account of application of the 7th Pay Commission. The only reason for this non-payment as has been stated by Mr. Kasat, learned counsel for the respondent no.2, is that on account of lack of funds, the payments are being made in phase wise manner”.

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Today, Mr. Kasat, the learned Counsel for respondent No. 2 has tendered across the bar additional affidavit on behalf of respondent No. 2 that the arrears of 7^th Pay Commission would be payable to the employees in yearly installment of 5 yrs and the gratuity would be paid within 2 yrs from 25 to 27 in six installments and leave encashment would be paid in the year 2028 into two installments.

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2 47wp5923.2024..odt

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We find that the petitioners have superannuated in 2017 to 2020 and it is four years down the line, that they have not received the retiral benefits such as gratuity, PF and leave encashment, which they are entitled to receive as a matter of right. We therefore, dispose off the petition by directing respondent No. 2 to pay the aforesaid retiral benefits to the petitioners, within six months from today.

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(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

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Belkhede

Mohd. Sharif Raza Mohd Isshak and Others v. State of Maha., Thr. Its Secretary for Urban Development Dept., Mumbai and Another

Case brief

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Mohd. Sharif Raza Mohd Isshak and Others v. State of Maha., Thr. Its Secretary for Urban Development Dept., Mumbai and Another

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