SUBHASH MAHADEV NAIKversusSINDHUDURG ZILLA PARISHAD AND ANR.

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                              CIVIL APPELLATE JURISDICTION
                             WRIT PETITION NO. 1140 OF 2018

             Subhash Mahadev Naik                          … Petitioner
                       V/s.
             Sindhudurg Zilla Parishad And Anr             … Respondents

             Mr. Vachaspati Kulanand Lakheda, Advocate for Petitioner.
             Mr. Shridhar Patil, Advocate for Respondents – Sindhudurg Zilla
             Parishad.
             Mr. Vijay Killedar (VC), Amicus Curiae a/w Mr. Shivraj Jagdale.
             Dr. Apoorva Basur, (VC) Chief Executive Officer, Sindhudurg Zilla
             Parishad,
             Mr. Jayprakash Parab, (VC) Deputy Chief Executive Officer (G.A.D)
             and
             Mr. Abhijeet Pisal, (VC) Chief Accountant/Finance Officer,
             Sindhudurg Zilla Parishad appeared through video conferencing

                                          CORAM       : RAJESH S. PATIL &
                                                        ABHAY J. MANTRI, JJ.
                                          DATED       : OCTOBER 6, 2026
             P.C.:
             1.      Heard.
IRESH
MASHAL

             2.      Rule. By consent of the counsels, matter is taken up for final
Digitally
signed by
IRESH
MASHAL
Date:
2026.10.06
20:09:13
+0530
             hearing.


             3.      After this matter was argued for some time today and

             exhaustively on the last occasion, the counsel for the parties have

             not disputed the legal position.


             4.      In view of the same, the Writ Petition stands allowed and



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Rule is made absolute in terms of prayer clauses (a) and (b), which

read as under:

         “a) That this Hon’ble court may be please to issue a writ of
         prohibition and certiorari or any other appropriate writ or
         order or direction be issued by this Hon’ble court against
         the Respondents to release the gratuity and pension of the
         Petitioner, after examining the legality and/or validity of
         the   impugned    order   dtd    30/6/99   passed    by    the
         respondents to quash and set aside the said impugned
         order.

         b) That this Hon’ble Court may be pleased to issue a writ of
         prohibition and certiorari or any operative writ order or
         direction directing the Respondents to pay the gratuity and
         pension to the petitioner as per the Maharashtra Zilla
         Parishad (Payment of contribution towards pension,
         gratuity and other benefits Rule 1971 And the Rights of
         Persons with disabilities Act 2016 (49 of 2016)”.


5.      Learned counsel Mr. Patil appearing for the ZP has handed

over the calculation of the amount payable to the Petitioner.

According to his calculation, the total amount payable to the

Petitioner would be Rs.30,96,585/-, which will also include

gratuity amount.


6.      The Chief Executive Officer (for short ‘CEO’) and the Chief

Accounts Officer of Zilla Parishad, Sindhudurg have attended these

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proceedings through VC, and they have agreed to the fact that an

amount of Rs.30,96,585/- is payable to the Petitioner.

7.      The provisions of Section 133 of the Maharashtra Zilla

Parishads and Panchayat Samitis Act, 1961 was referred to. The

said section reads as under:

        “133. General charges to be defrayed
        Every Zilla Parishad shall, from the district fund at its
        disposal, pay-
        (a) the monthly honoraria to the presiding authorities
        provided by sections 46, 69 and 84 ⁵[and the amount of
        sumptuary allowance placed at the disposal of the
        President under section 46A];
        (b) the travelling and other allowances of Councillors,
        Members of any Panchayat Samiti or Committee and of the
        officers holding posts under, and the servants of the Zilla
        Parishad;
        (c) the salaries and allowances of the officers and servants
        of Class III service and Class IV service working under the
        Zilla Parishad;
        (d) pensions (including contributions towards pensions)
        and other retiring allowances, gratuities or compassionate
        allowances payable to officers and servants and their
        families as provided by or under this Act;
        (e) the cost of acquisition of land and establishment of
        markets;
        (f) the cost of performance of agency functions entrusted



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         to it;
         [(g) the cost of performance of the duties and functions as
         are entrusted to the Zilla Parishad by or under any other
         law for the time being in force.]”

                                              [Emphasis supplied]
8.      The CEO, after verifying from her staff, admits that as of date

an amount of Rs.30,96,585 /- is available with the office of Zilla

Parishad in the District Fund. Hence, steps can be taken to pay this

amount directly in the bank account of the Petitioner.

9.      The submission made by the CEO of the ZP is accepted as an

undertaking given to this Court.

10.     Mr. Lakheda appearing for the Petitioner undertakes that by

tomorrow the bank account details of the Petitioner would be

submitted to the Sindhudurg Zilla Parishad office and also to

Advocate appearing for the Zilla Parishad, Mr. Shridhar Patil.

11.     We expect that the Sindhudurg Zilla Parishad will take

necessary steps and will transfer the amount of Rs.30,96,585/- in

the bank account of the Petitioner within a period of 10 days from

today.

12.     Learned counsel for the Petitioner submits that the Petitioner

will attend the office of Sindhudurg Zilla Parishad tomorrow

morning at 11:00 AM in order to complete all the formalities to

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receive the retiral benefits amount.


13.     This Court appreciates the positive steps taken by the CEO,

Dr. Apoorva Basur, Chief Executive Officer of Sindhudurg Zilla

Parishad, in the present proceedings. So also, this Court admires

the efforts taken by the learned Amicus Curiae, Mr. Vijay Killedar

for assisting this Court in disposal of the present Writ Petition.


14.     Let this petition come under the caption of "compliance" on

19 October 2026.




(ABHAY J. MANTRI, J.)                          (RAJESH S. PATIL, J.)




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