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2017 Supreme(Bom) 1028

R.K.DESHPANDE, SWAPNA JOSHI
Prakash Hiralal Sone – Appellant
Versus
Municipal Council, Arvi – Respondent


JUDGMENT :

1. By this petition, the petitioner claims direction to the respondent to settle the retiremental benefits and pension case of the petitioner and to pay him post retiral benefits without any further delay.

2. The petitioner was appointed as an Accountant in the services of respondent-Municipal Council, Arvi, on 01.12.1969. He was confirmed in the employment on 09.07.1970. After conducting an enquiry against him, termination order was issued on 22.06.1972. By the judgment and order in Writ Petition No. 1608 of 1982, the petitioner was granted reinstatement with back-wages on 28.08.1991. The said order attained the finality and the petitioner was reinstated in service on 10.02.1992 and he worked on the post till 22.12.1995. These facts are not in dispute.

3. The petitioner gave notice of voluntary retirement dated 26.12.1995 on medical ground. According to the petitioner, he suffered severe injuries in the accident which occurred in the month of November, 1994. According to the respondent, the petitioner was communicated on 10.01.1996 that his claim for voluntary retirement cannot be accepted for the reason that departmental enquiry is contemplated against him and unless it i








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