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2015 Supreme(Bom) 465

MOHIT S.SHAH, N.W.SAMBRE
Gopal – Appellant
Versus
Municipal Council – Respondent


Advocates appeared:
Mr Milind Patil (Beedkar), Advocate for petitioner;
Mr G. K. Thigle, Advocate for respondent

Judgement Key Points

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JUDGMENT

Rule. Rule is made returnable forthwith and by consent, the matter is heard finally.

2. The present petition under Article 226 of the Constitution of India is for seeking directions to the respondent – Municipal Council to finalize the pension of the petitioner and make payment along with other monetary dues, including payment of gratuity, commutation of pension, etc. along with interest at the rate of 18% per annum, as are payable to the petitioner. By way of amendment, the petitioner has prayed for declaration that the departmental enquiry initiated against him vide letter dated 10th July, 2009, be held to be illegal and bad in law.

3. The brief facts as are relevant for the purpose of deciding the present writ petition are as under :-

The petitioner claims that he joined the services of respondent – Municipal Council w.e.f. 25th June, 1985 in the capacity of Clerk in class III cadre. Upon adorning permanency in the services of Municipal Council, the petitioner was posted as a Clerk in various Departments, viz. Birth and Death Section, Property Tax Revision, G.A.D., etc.

4. It is claimed by the petitioner that he completed 58 years of age on 30th September, 2003. As such



































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