Disposed

Bashir Ahmed Belim v. Dhoraji Municipality

Gujarat HC19 Oct 2001SCA/8624/1988

Case brief

AI extract

What is this about?

The petitioner sought approval and signature for retirement benefits. While the principal amount was admitted as fully paid, the petitioner claimed costs and interest for delay. The court disposed of the petition without any order regarding costs or interest due to the respondent's difficult financial condition.

What did the court decide?

The petition was disposed of with no order as to costs.

`Hon'ble MR.JUSTICE D.H.WAGHELA �Sd/-` `============================================================`
`1. Whether Reporters of Local Papers may be allowed : NO` `to see the judgements?`
`2. To be referred to the Reporter or not? : NO`
`3. Whether Their Lordships wish to see the fair copy : NO` `of the judgement?`
`4. Whether this case involves a substantial question : NO` `of law as to the interpretation of the Constitution` `of India, 1950 of any Order made thereunder?`
`5. Whether it is to be circulated to the Civil Judge? : NO` `1 to 5 NO` `--------------------------------------------------------------`
`BASHIR AHMED BELIM` `Versus` `DHORAJI MUNICIPALITY` `--------------------------------------------------------------`
`Appearance:` `1. Special Civil Application No. 8624 of 1988` `MR MEHTA for MR PV HATHI for Petitioner No. 1` `MR ND NANAVATI for Respondent No. 1` `MR AJ DESAI AGP for Respondents No. 2-3`
`--------------------------------------------------------------` `CORAM : MR.JUSTICE D.H.WAGHELA` `Date of decision: 19/10/2001`

Hon'ble MR.JUSTICE D.H.WAGHELA �Sd/-
============================================================

1. Whether Reporters of Local Papers may be allowed : NO
to see the judgements?

2. To be referred to the Reporter or not? : NO

3. Whether Their Lordships wish to see the fair copy : NO
of the judgement?

4. Whether this case involves a substantial question : NO
of law as to the interpretation of the Constitution
of India, 1950 of any Order made thereunder?

5. Whether it is to be circulated to the Civil Judge? : NO
1 to 5 NO
--------------------------------------------------------------

BASHIR AHMED BELIM
Versus
DHORAJI MUNICIPALITY
--------------------------------------------------------------

Appearance:
1. Special Civil Application No. 8624 of 1988
MR MEHTA for MR PV HATHI for Petitioner No. 1
MR ND NANAVATI for Respondent No. 1
MR AJ DESAI AGP for Respondents No. 2-3

--------------------------------------------------------------
CORAM : MR.JUSTICE D.H.WAGHELA
Date of decision: 19/10/2001

has been, albeit by instalments, fully paid to the petitioner as per the statement of calculations submitted today. The learned counsel vehemently pressed for award of suitable costs and interest for the delayed payment of retiral benefits.

2.�The learned counsel for the respondent Municipality submitted that the payment of retiral benefits had been delayed due to the difficult financial condition of the respondent and it would not be fair to impose any additional burden on the respondent which is an institution of local self-government. A statement was, however, made that the amount of bonus due, if at all, to the petitioner shall be paid to him if and when the amount of such bonus for the period in question is paid to the other similarly situated employees. It is further stated that in case of the recommendations of the 4th Pay Commission being implemented by the respondent and in case the petitioner is found eligible for the same for any period of his service, the benefit of the same shall be given to him. Recording the above statement and in the facts and circumstances, the petition is required to be disposed with no order regarding interest or costs. Accordingly, the petition stands disposed with no order as to costs. Rule is discharged.

Bashir Ahmed Belim v. Dhoraji Municipality

Case brief

What is this about?

What did the court decide?

Bashir Ahmed Belim v. Dhoraji Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

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