1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4422 OF 2008 Mohommad Abdul Gani S/o Mohommad Ibrahim Age : 74 Years, Occu. : Pensioner, R/o Hafeez Galli, Juna Bazar, Beed, Dist. Beed. .. .. Petitioner Versus 1. The State of Maharashtra. 2. The Zilla parishad Beed, through its Chief Executive Officer, Beed. 3. The Accountant General, A-G- (II), Government of Maharashtra, Nagpur. .. .. Respondents Shri Abdul Aziz, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for the Respondent No. 1 and 3. Shri N. L. Jadhav, Advocate for the Respondent No. 2. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 14TH OCTOBER, 2009. 2 ORAL JUDGMENT [Per B. R. Gavai, J. ] : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner has basically approached this Court, since according to petitioner the order passed by this Court dated 27th September, 1991 in Writ Petition No. 2082/1991 which had directed the respondent No. 2/Zilla Parishad to comply with the decree passed by learned Civil Judge Junior Division Beed dated 03rd May, 1985 in Regular Civil Suit No. 62/1983. It is pertinent to note that, the said decree was confirmed up to this Court. 3. It is difficult to understand as to why the petitioner should have been made to approach this Court and filed Writ Petition No. 2082/1991, when a order was passed in Regular Civil Suit No. 62/1983 which was confirmed up to this Court. It was duty of the respondent to comply with the same. However, inspite of decree passed in a civil suit and a direction issued in Writ Petition No. 2082/1991 vide order dated 27th September, 1991, the said directions were not complied by the respondent/Zilla Parishad. The petitioner was therefore constrained to approach this Court. Now it appears that, the respondents have realized their mistake, as it appears from affidavit in reply in para No. 17 which records thus. "The contents of para No. 20 are misconceived in view of the fact that, the petitioner was given all financial benefits except the promotion and now the deemed date of promotion is being given to the petitioner and the difference of the salary, 3 benefits and revised pension would given to the petitioner and the said procedure would be completed within six months." When the orders are passed by this Court, it is duty of the authorities to comply with the said orders. In the present case, the petitioner has been required to approach this Court for non compliance of the decree passed in Regular Civil Suit No. 62/1983. 4. It is further to be noted that, since inspite of issuance of notice on 08th August, 2008 the Zilla Parishad had not put its appearance, we were required to pass an order on 05th October, 2009 issuing summons to the respondent No. 2 to remain personally present in this Court. However, on the motion moved by respondent No. 2, we have recalled the said order on dated 12th October, 2009. 5. We therefore, take the statement in paragraph No. 17 as an undertaking to this Court. It is made clear that, the petitioner shall be given all the benefits including the difference of salary, difference of pension and the revised pension within a period of six month in any eventuality. 6. The respondent No. 2 is directed to submit all the necessary papers to the respondent No. 3 within a period of two months from today. The respondent No. 3 is directed to process the proposal submitted by the respondent No. 2 and issue necessary orders regarding arrears of salary and pensionary benefits within a period of four months thereafter. 4 7. Since the petitioner was unnecessarily required to approach this Court for no fault on his part, we are inclined to grant him cost which is quantified at Rs. 25,000/-. The cost be paid to the petitioner within a period of two months by a crossed demand draft issued in favour of the petitioner. 8. Authenticated copy be supplied to the learned standing counsel for the respondent No. 2/Zilla Parishad and Shri S. K. Kadam, the learned Assistant Government Pleader for the respondent No. 1 and 2. Rule is made absolute in aforesaid terms. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Oct. 09