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2022 Supreme(Bom) 334

R.D.DHANUKA, ABHAY AHUJA
Parvathi Venkatesh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. S.C. Naidu, Dr. Ramesh Asawa, Mr. T.R. Yadav, Mr. Aniketh Poojari, Mr. Sudeshkumar Naidu, Ms. Divya Yajurvedi, Mr. Pradeep Kumar, C.R. Naidu.
For the Respondents: Mr. Kedar Dighe, Mr. P.M. Palshikar, Ms. Sarika Mehra, Ms. Nidhi Chauhan.

JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Mr. Dighe, learned Assistant Government Pleader for the respondent nos. 1 to 3 and 8 waive service. Mr. Palshikar, learned counsel for the respondent no. 4 waive service. Ms. Sarika Mehra, learned counsel for the respondent no. 5 waive service. None appeared for the remaining respondents though saved.

2. By consent of parties, writ petition is heard finally at the admission stage.

3. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks writ of mandamus against the respondent no. 3 to settle the claim of the petitioner for 30 years 1 month of service and to pay the petitioner (i) Regular Pension, (ii) Gratuity, (iii) Commutation of pension and (iv) Leave encashment alongwith interest and penal interest as prescribed by the Pension Rules. The petitioner also seeks a writ of certiorari inter-alia praying for quashing and setting aside the oral directions issued to the respondent no. 5 to withdraw from the service book the annual increment granted to the petitioner on 1st July, 2012 with cumulative effect, for quashing and setting aside the oral directions issued by the respondent no. 3 to recover a sum of Rs. 3,16

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