1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 1121/2011. Sau. Tata Kishore Besare -VERSUS- State of Maharashtra and others. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P. BHANGALE, JJ. DATED : SEPTEMBER 09, 2011. Heard finally by consent of Shri C.M. Munje, learned Counsel for petitioner, Shri N.W. Sambre, learned Government Pleader for respondent no.1 and Shri M.I. Dhatrak, learned Counsel for respondent no.2. Rule, returnable forthwith. Present petition is pressed into for balance payment of gratuity and balance payment of leave en- cashment. In view of the orders passed today in Writ 2 Petition No.1585/2011, the other contentions are not pressed and we keep the same open for consideration at appropriate juncture, as and when occasion arise. It appears that the Municipal Council is accepting entitlement of petitioner to receive amount of Rs. 42,465/- towards gratuity and an amount of Rs.55,570/- towards leave encashment. Bad financial condition is given as reason for not making payment immediately. In this situation, we direct respondent no.2 Municipal Council to clear the above amounts within a period of 6 months from today. The interest on gratuity amount shall be calculated in accordance with the provisions of Section 7 of the Payment of Gratuity Act. The interest on balance amount of leave encashment shall be calculated at 6%. The amounts along with the interest as calculated above, shall be paid to the petitioner on or before 28.02.2012. If the amount is not so paid, petitioner is at liberty to execute this order through competent Authority including the office of the Collector, as arrears of land revenue. Petition is, thus partly allowed. Rule is 3 made absolute in the aforesaid terms with no order as to costs. JUDGE JUDGE Rgd