2019 NearLaw (BombayHC Aurangabad) Online 1482
Bombay High Court

JUSTICE T. V. NALAWADE JUSTICE K. K. SONAWANE

Sopan S/o. Jagannath Dhake & ORS. Vs. Municipal Corporation of City of Jalgaon & ANR.

WRIT PETITION NO. 3618 OF 2017

1st July 2019

Petitioner Counsel: Mr. S. T. Shelke
Respondent Counsel: Mr. Pradip R. Patil
Act Name:

In these proceedings, relief is claimed of giving direction to Respondents / local body to pay the amount of commuted pension alongwith interest at the rate of 9% from the date when it become due till realization of the amount.
It is noticed by this Court that in many matters such orders were required to be issued against the Corporation.
Due to financial condition of the Corporation, the Corporation is not paying even regular salary of the employees.
The commutation of pension is right given to the employee and after commutation of pension, his regular pension automatically gets reduced to that extent.
When it is the case of pensioner, the Court is expected to see that he gets dues as it is a matter of his survival.
I The Respondent Nos.1 and 2 do pay commuted pension to the Petitioners within six months from today with interest at the rate of 9% per annum as prayed.
II Rule is made absolute in those terms.

Section :

Cases Cited :

JUDGEMENT

T. V. Nalawade, J.

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. In these proceedings, relief is claimed of giving direction to Respondents / local body to pay the amount of commuted pension alongwith interest at the rate of 9% from the date when it become due till realization of the amount. It is noticed by this Court that in many matters such orders were required to be issued against the Corporation. Due to financial condition of the Corporation, the Corporation is not paying even regular salary of the employees. The commutation of pension is right given to the employee and after commutation of pension, his regular pension automatically gets reduced to that extent. When it is the case of pensioner, the Court is expected to see that he gets dues as it is a matter of his survival. In the past, in Writ Petition No.10190 of 2016, this Court had allowed the petition and direction was given. For the same reasons, this Court is hereby giving the following directions:
I. The Respondent Nos.1 and 2 do pay commuted pension to the Petitioners within six months from today with interest at the rate of 9% per annum as prayed. In those terms, the petitions are allowed.
II. Rule is made absolute in those terms.