Bombay High Court
Vinayakrao Rangnathrao Muli Lrs ... vs Pathri Municipal Council Parbhani And ... on 6 February, 2020
Author: R.G. Avachat
Bench: P.B. Varale, R.G. Avachat
936-CP-659-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CONTEMPT PETITION NO. 659 OF 2019
IN
WRIT PETITION NO. 6433 OF 2015
Vinayakrao Rangnathrao Muli (Died)
Through L.R.
Padmabai Vinayakrao Muli
Through holder of power of attorney
Gopalrao Ambadasrao Borikar ..PETITIONER
VERSUS
Pathri Municipal Council
Through its Chief Officer ..RESPONDENT
....
Petitioner-in-person present
Mr. M.P. Tripathi, Advicate for respondent
....
CORAM : P.B. VARALE AND
R.G. AVACHAT, JJ.
DATED : 06th FEBRUARY, 2020 PER COURT :
Mr. Gopalrao Ambadasrao Borikar, holder of power of attorney of Padmabai Vinayakrao Muli (widow of deceased employee - Vinayakrao Rangnathrao Muli) was present in this Court and made a request to the Court to give precedence to the matter. Considering the age of Mr. Borikar, who is 85 years of age, the petition was taken up.
2. The petitioner approaching this Court with grievance that order of this Court dated 24th August, 2018 is not complied with. In response to the 1 / 5 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 07/06/2020 21:51:12 ::: 936-CP-659-19.odt notice issued to the respondents dated 20th September, 2019, an affidavit-in- reply is filed on behalf of the respondent through Karbhari Shankarrao Divekar, Chief Officer, Pathri Municipal Council, Pathri. Statement is made in the affidavit-in-reply that pay fixation of salary payable to the petitioner employee is done by the Pathri Municipal Council on 31st December, 2018. It is also stated that in view of order of this Court, immediately communication dated 09th October, 2018 was forwarded to Padmabai Vinayakrao Muli submitting necessary documents so as to take appropriate steps in the matter. Then our attention was invited to the order dated 31 st December, 2018 passed by Chief Officer, Pathri Municipal Council Pathri, wherein the exercise was undertaken for pay fixation of the petitioner considering the benefits granted to the petitioner under 4th Pay Commission. This order also refers to the observations of this Court wherein it was observed by this Court that the petitioner would be notionally reinstated on the post of octroi clerk on attaining the age of superannuation on 30th December, 1996 and treating his services would be counted till 30th December, 1996 as octroi clerk. Then there is a tabular statement placed on record under the caption 'Statement Showing Pension Contribution & Leave Salary Contribution of Shri Muli Vinayak Rangnathrao'. Copy of communication addressed to the District Account Officer, Local Funds Office, Parbhani dated 04 th January, 2019 is placed on record and by this communication request is made to undertake the exercise of fixation of the pension amount. Then the copies of the 2 / 5 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 07/06/2020 21:51:12 ::: 936-CP-659-19.odt vouchers of the amount of the contribution of the municipal council for the pension contribution cum family pension and leave encashment submitted in the treasury are placed on record and these vouchers show the amount to the tune of Rs.31,648/- and Rs.23,690/-. Then there is extract of the service book with endorsement of the Chief Officer, Pathri Municipal Council, Pathri and the Accounts Officer, Local Funds. This extract shows that by treating the petitioner as an octroi clerk, pay fixation was done in the course of 4 th and 5th Pay Commission respectively. Then there is communication dated 08 th April, 2019, whereby the petitioner is informed to submit necessary documents so as to prepare the pension case of the petitioner expeditiously. It is orally submitted by learned Counsel for the respondent - municipal council that if the petitioner co-operates the municipal council by providing and signing the documents, the proposal would be immediately forwarded to the office of Accountant General by deputing the special messenger with a request to take appropriate steps expeditiously in the matter of the petitioner.
3. We put a specific query to learned Counsel for the respondent - Municipal Council about provisional pension to the petitioner. Learned Counsel submitted that if the petitioner co-operates the municipal council by providing and signing the documents, necessary steps i.e. submitting the proposal to the Accountant General office with a request to start provisional pension, as early as possible, would be undertaken.
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936-CP-659-19.odt
4. Learned Counsel for the petitioner also submitted that considering the age of the petitioner, municipal council will not bother the petitioner to attend the office of municipal council, but would depute an employee of municipal council at the residence of the petitioner for obtaining signatures and necessary documents.
5. On this aspect, when we apprised the general power of attorney that the co-operation from the petitioner would help the petitioner herself so as to get the provisional pension initially and then the other reliefs, the general power of attorney submitted before the Court that the entire exercise undertaken by the municipal council itself is not acceptable, as it is not in accordance with the Civil Services Rules. It was the submission of general power of attorney that for pay fixation, the matter ought to have been forwarded to the Collector and the submissions of the respondent - municipal council to show compliance of order of this Court are not accepted by him.
6. In view of this opposition from the general power of attorney, we are unable to take any hearing and conclude the matter. We further direct the respondent - municipal council that in case the petitioner, through general power of attorney, extends co-operation to the municipal council, as expected by the municipal council in view of communication dated 08 th April, 2019, the municipal council may take appropriate steps by obtaining 4 / 5 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 07/06/2020 21:51:12 ::: 936-CP-659-19.odt signatures on the documents from the petitioner and forward those documents with pension proposal to the office of Accountant General with a request to look into the matter and start the provisional pension at least, as early as possible.
7. With these observations, contempt petition is adjourned to 30 th March, 2020. The submissions of general power of attorney were of a nature as if we are hearing the claim of the petitioner in the writ petition. As such, we reserve our observations to accept the submissions of the general power of attorney at this stage.
( R.G. AVACHAT, J. ) ( P.B. VARALE, J. ) SSD 5 / 5 ::: Uploaded on - 12/02/2020 ::: Downloaded on - 07/06/2020 21:51:12 :::