KAMLA RAMESHCHANDRA SHARMA Vs. MAHARASHTRA RAJYA WAKHAR MAHAMANDAL

JUDGEMENT

(1.) Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. Learned Counsel for the respondent waives service.

(2.) In the present petition filed under Article 226 of the Constitution, the petitioner seeks issuance of writ of mandamus for directing respondent to pay an amount of Rs. 6,82,921/- to the petitioner towards the dues to which she is entitled on account of the death of her husband.

(3.) The facts, which are relevant for the purpose are that : Rameshchandra Sharma was working as a Manager of Maharashtra State Warehousing Corporation at Ahmednagar. While discharging his duties, Shri Rameshchandra Sharma issued No Objection Certificate dated 24th April, 1992 for mutation of the land outside the compound in favour of the neighbouring occupier. It was found by the Corporation that the Manager had no authority to issue such certificate and in fact, the certificate which was issued was unwarranted as it was in respect of the land belonging to the Corporation. The issuance of No Objection Certificate was treated as misconduct and disciplinary enquiry was initiated against Shri Rameshchandra Sharma. On the conclusion of the enquiry, punishment was imposed on the delinquent. He was demoted to the post of Deputy Manager with the entry in his service record that he shall never be promoted to any other post during tenure of his service. The delinquent was also directed to pay the price of 2 gunthas of land at the market rate in the event the decision of the revenue authorities goes against the Corporation and it sustains loss. The delinquent did not file any appeal against the order of this punishment. In due course he retired from service w.e.f. 31st August, 2004. Soon after retirement, Shri Sharma expired on 21.09.2004. On demise of the husband, the petitioner approached Respondent Corporation for retiral benefits. The respondent, however, refused to pay the amount of Rs. 6,82,921/- due towards the retiral benefits on the ground that final decision has not been rendered in the matter pertaining to the mutation of the concerned land. The respondent intimated the petitioner that the amount would be withheld till the decision of the revenue proceeding and if the decision goes against the Corporation, loss, if any, would be recovered from the retiral benefits.