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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.G.AVACHAT, ABASAHEB D.SHINDE
Laxman Vitthalrao Motegaonkar – Appellant
Versus
Agricultural Produce Market Committee, Sangamner – Respondent
| Table of Content |
|---|
| 1. petitioner seeks service benefits. (Para 2) |
| 2. factual background of petitioner's employment. (Para 3) |
| 3. petitioner argues entitlement to benefits. (Para 4 , 5) |
| 4. respondent contests payment of service benefits. (Para 6 , 7) |
| 5. court reviews petitioner’s service history. (Para 8 , 9 , 10) |
| 6. court applies apex court's precedent. (Para 11 , 12 , 13 , 14) |
| 7. writ petition allowed; benefits ordered. (Para 15) |
JUDGMENT :
ABASAHEB D. SHINDE, J.
1. Heard. Rule. Rule is made returnable forthwith. With the consent of parties the matter is heard finally at the stage of admission.
2. By this writ petition under Article 226 of the Constitution of India, the petitioner is seeking following reliefs :
“A) For a writ of mandamus Order or direction in nature of mandamus directing respondent No. 1 to pay amount of Provident Fund, Earned Leave Encashment, Increments, Difference of Salary and Allowances due to revision of Pay Scales as per recommendations of Seventh Pay Commission by considering date of retirement of petitioner as 31.12.2019 alongwith interest @ 18% p.a. till actual realization.
B) For a writ of mandamus Order or direction in nature of mandamus directing respondent No.1 to m
An employer cannot dispute an employee's recorded birth date post-retirement to deny service benefits, affirming that such objections constitute negligence.
Service - Retirement benefits - Not entitled for - Petitioner appears to be not bona-fide and a wrong doer cannot claim the privilege of his own wrongful conduct and it will be wholly unjustified one....
Applications for correction of date of birth in service records can be rejected on grounds of delay and lack of irrefutable proof, especially when made at the fag-end of service.
Pension and gratuity are not bounty but property within the meaning of Article 300-A of Constitution of India.
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