Tukaram Ayaji Maind & another v. Municipal Council, Mehekar & another
2003-07-02
R.J.KOCHAR, S.T.KHARCHE
body2003
DigiLaw.ai
JUDGMENT - KOCHAR R.J., J.:—Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties. 2.The petitioners are the retired employees of the respondent No. 1. They are eligible and entitled to get retirement benefits including regular pension. It appears that they have no other source of income for their livelihood. They have knocked the doors of this Court as back as on 10-7-2001, almost two years back, under Article 226 of the Constitution of India praying for a direction or an appropriate writ to the respondent No. 1 for payment of their retirement benefits and the regular payment of pension. Since the filing of the petition, they are hoping for some relief from this Court as they could not do anything else. 3.The respondent No. 1 appeared on receipt of the notice from this Court and admitted the liability to pay to the petitioners and all other retired employees for payment of their retirement benefits including the regular pension. They have been fair enough to admit their liability towards their past employees. They have further placed before this Court their inability to raise fund to meet the municipal expenses on two fronts, namely (i) for payment of retirement benefits of the past employees; and (ii) the regular wages payable to the employees who are presently in the employment and the civic amenities to the citizens who are the tax payers and who expect basic civic amenities and essential services from the Municipal Council. The principal difficulty expressed by respondent No. 1 is that on account of abolition of octroi, the income or the receipt side of the Municipal Council has eroded to a great extent and that it has become very difficult for them to meet the two ends of income and expenditure. They have expressed their willingness to disburse the amounts received by them in terms of the grants given by the respondent No. 2-the State Government towards the payment of retirement benefits as also the payment of regular wage bills of the employees. Finding the difficulty expressed by the Municipal Council as genuine, we had issued notice to the respondent No. 2 State Government to explain the position and also to get an assurance from the State Government as to when the grants payable to the Municipal Council would be released.
Finding the difficulty expressed by the Municipal Council as genuine, we had issued notice to the respondent No. 2 State Government to explain the position and also to get an assurance from the State Government as to when the grants payable to the Municipal Council would be released. 4.We must place on record our appreciation for the office of the Government Pleader for having successfully intervened in the matter at the State level to enable us to grant some relief to the employees of the Municipal Council, past and the present. Therefore, Mr. Gawai, learned Government Pleader, under instructions, makes a statement that the State Government and the Collector, Buldana, would release an amount of Rs. 26,27,019=00 which is due and payable to the respondent No. 2 within a period of four weeks from the date of the order. It appears that this amount has been over due but in view of the intervention by this Court the aforesaid amount is assured to be released within a period of four weeks. We may warn the respondent No. 2 that in case of failure to release the said amount within a period of four weeks, we would take serious view of the matter and we will not hesitate to issue contempt notice against those who would be found to have not honoured the said commitment. We are saying so as the petitioners and other retired employees are before us with their begging bowls for pension. We, therefore, direct the State Government and the Collector, Buldana, to release the aforesaid amount within four weeks from today without fail. 5.We further direct the State Government to make available the grants to the Municipal Council, Mehekar, and all such Municipal Councils in the State of Maharashtra payable on account of abolition of octroi at regular intervals without causing any undue delay so that the Municipal Councils are in a position to meet their regular wage bills and also to pay the retirement benefits of the retired employees regularly. The Government Pleader is directed to bring this order to the notice of the State Government. 6.On receipt of the aforesaid amount of Rs. 26,27,109=00 the respondent No. 1 shall disburse an amount of Rs. 13 lacs towards the payment of arrears of pension payable to the petitioners and those who are entitled to get the pension and have not been paid so.
6.On receipt of the aforesaid amount of Rs. 26,27,109=00 the respondent No. 1 shall disburse an amount of Rs. 13 lacs towards the payment of arrears of pension payable to the petitioners and those who are entitled to get the pension and have not been paid so. The respondent No. 1 shall compute the aforesaid amount of arrears and shall disburse pro rata. The balance amount shall be utilized by the respondent No. 1 pro rata for payment of current wage bills of the employees. We make it clear that this amount shall not be utilized by the respondent No. 1 for any other purpose. We further direct the respondent No. 1 utilize the grants made available by respondent No. 2 payable on account of abolition of octroi, only for the purpose of payment of current salaries of the employees and for payment of retirement benefits of the retired employees in the ratio of 50 : 50. This amount of grants released by the State Government shall not be utilized for any other purpose. The respondent No. 1 shall keep separate account and shall submit the same to the Appropriate Authority. Writ petitions are disposed of as above. Authenticated copy of this order be given to the parties to act upon. Order accordingly. -----