LAWS(BOM)-2022-1-304

PARVATHI VENKATESH Vs. STATE OF MAHARASHTRA

Decided On January 10, 2022
Parvathi Venkatesh Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Mr. Dighe, learned Asst. 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 1/7/2012 with cumulative effect, for quashing and setting aside the oral directions issued by the respondent no. 3 to recover a sum of Rs.3,16,500.00 from retiral dues payable to the petitioner on account of withdrawal of annual increment granted on 1/7/2012.