Bombay High Court
Laxmibai Wd/O Jaideo Meshram vs The Zilla-Parishad,Bhandara And 3 ... on 13 July, 2017
Bench: R. K. Deshpande, Swapna Joshi
1 wp400.02.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 400 OF 2002
Laxmibai wd/o Jaideo Meshram,
A/a - 52 years, Occ. Household work,
R/o. Gautamnagar, Bajpai Ward,
Near Old Borewell, Gondia,
Tah. & Distt. Gondia ...... PETITIONER
...VERSUS...
1. The Zilla-Parishad, Bhandara,
through its Chief Executive Officer.
2. The Zilla-Parishad, Gondia,
through its Chief Executive Officer.
3. The Panchayat Samitee, Arjuni-Morgaon,
Distt. Gondia through its
Block Development Officer,
4. The Panchayat Samittee, Distt. Gondia,
through its Block Development Officer ...... RESPONDENTS
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Shri R.K.Borkar, Advocate, for Petitioner.
Mrs. M.P.Munshi, Advocate for Respondent nos. 1 to 4
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CORAM: R. K. DESHPANDE, AND
Mrs. SWAPNA JOSHI, JJ.
DATE : 13 th
JULY, 2017 .
ORAL JUDGMENT (Per Deshpande, J)
1] The husband of the petitioner was working as Gram Sewak in the Zilla Parishad, Bhandara which was subsequently bifurcated and another Zilla Parishad, Gondia, was established. After the bifurcation, the husband of the ::: Uploaded on - 17/07/2017 ::: Downloaded on - 18/07/2017 00:00:05 ::: 2 wp400.02.odt petitioner was allotted to the services of Zilla Parishad, Gondia, where he worked and ultimately expired on 11.11.1999, after rendering the qualifying service. The entitlements of the petitioner were calculated by Zilla Parishad, Gondia, on 30.08.2000 and the gratuity payable was worked out to Rs.1,56,600/-. The petitioner-widow was paid an amount of Rs.90,728/- and the balance of Rs.65,872/- was withheld. 2] Thereafter, on 04.12.1999, a show cause notice was issued in the name of the petitioner calling upon her as to why an amount of Rs.65,872/- should not be withheld permanently for the acts of misconduct alleged to have been committed by her husband while in service. The show cause notice shows the proposal to institute the prosecution under Section 409 of Indian Penal Code read with Sections 178 and 179 of the Bombay Village Panchayat Act.
3] The withholding of pension after the death of an employee and thereafter to issue show cause notice in the name of the petitioner, a widow of an employee, is shocking the conscience. No such action could be sustained in the eyes of law. Therefore, no detailed reasons are required to be recorded to set aside the action of the respondents. ::: Uploaded on - 17/07/2017 ::: Downloaded on - 18/07/2017 00:00:05 :::
3 wp400.02.odt 4] In the result, we allow the petition and quash and set aside the show cause notice dated 04.12.1999 and direct the respondents to release the balance amount of Rs.65,872/- payable on account of gratuity along with interest at the rate of 12% per annum from the date of the death of the husband of the petitioner on 11.11.1999 till disbursal of this amount to the petitioner. The respondents shall also release all other benefits which otherwise are available to the petitioner on account of death of her husband while in service. The respondent Zilla Parishad, Gondia, to pay costs of Rs.5,000/- to the petitioner.
The entire payment be made within a period of three months from the date of communication of this order, failing which the respondent Chief Executive Officer shall remain present on 30.10.2017.
Rule made absolute in above terms. No orders as to cost.
Put up this matter on 30.10.2017 to see compliance of this order.
JUDGE JUDGE
Rvjalit
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