MOHAN MADHAVRAO KHAPKE Vs. AHMEDNAGAR MUNICIPAL CORPORATION
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Mohan Madhavrao Khapke
Ahmednagar Municipal Corporation
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V. Ravindra Ghuge, J. -
(1.) The petitioner is aggrieved by the judgment dated 14.10.2015, delivered by the appellate authority under the Payment of Gratuity Act, by which, Appeal No.3 of 2016, filed by the respondent / Corporation has been allowed and the judgment of the controlling authority dated 10.3.2015 has been set aside.
(2.) I have heard the learned Advocate for the petitioner at length and have gone through the grounds formulated.
(3.) There is no dispute that the petitioner has retired from service. A Criminal Case No.459 of 2006 instituted prior to his retirement is pending before learned VII Judicial Magistrate (F.C.). Based on the pendency of the said criminal proceeding, the respondent declined to pay Gratuity to the petitioner by placing reliance upon Rule 130(1)(c) of the Maharashtra Civil Services (Pension) Rules, 1982.;
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