1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10779 OF 2004 WRIT PETITION NO.10779 OF 2004 WRIT PETITION NO.10779 OF 2004 Sujay Manohar Khanjire ...Petitioner Sujay Manohar Khanjire ...Petitioner Sujay Manohar Khanjire ...Petitioner Vs. Vs. Vs. The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents The State of Maharashtra & Ors. ...Respondents ----- ----- ----- None for the Petitioner None for the Petitioner None for the Petitioner Mrs. M.P. Thakur A.G.P. for State Mrs. M.P. Thakur A.G.P. for State Mrs. M.P. Thakur A.G.P. for State Mr. T.S.Ingale Adv. for Respondent No.2 Mr. T.S.Ingale Adv. for Respondent No.2 Mr. T.S.Ingale Adv. for Respondent No.2 CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. CORAM: F.I.REBELLO & ROSHAN DALVI, JJ. DATED: 13TH DECEMBER, 2005 DATED: 13TH DECEMBER, 2005 DATED: 13TH DECEMBER, 2005 P.C. P.C. P.C. . None present for the Petitioner when the . None present for the Petitioner when the . None present for the Petitioner when the matter is called out. From the record it appears that matter is called out. From the record it appears that matter is called out. From the record it appears that Petitioner joined in 1986 and resigned on 16th Petitioner joined in 1986 and resigned on 16th Petitioner joined in 1986 and resigned on 16th December 1998. In the affidavit filed by the December 1998. In the affidavit filed by the December 1998. In the affidavit filed by the Respondent No.2 in para 10 it is set out that the Respondent No.2 in para 10 it is set out that the Respondent No.2 in para 10 it is set out that the Respondent No.2 is ready to give gratuity to the Respondent No.2 is ready to give gratuity to the Respondent No.2 is ready to give gratuity to the Petitioner and the procedure for the same is going on. Petitioner and the procedure for the same is going on. Petitioner and the procedure for the same is going on. This affidavit was filed on 4th April 2003. If till This affidavit was filed on 4th April 2003. If till This affidavit was filed on 4th April 2003. If till now gratuity is not paid, Respondent No.2 to pay now gratuity is not paid, Respondent No.2 to pay now gratuity is not paid, Respondent No.2 to pay gratuity to the Petitioner within 12 weeks from today. gratuity to the Petitioner within 12 weeks from today. gratuity to the Petitioner within 12 weeks from today. . With the above directions Petition stands . With the above directions Petition stands . With the above directions Petition stands disposed of. disposed of. disposed of. (F.I.REBELLO J.) (F.I.REBELLO J.) (F.I.REBELLO J.) 2 (ROSHAN DALVI, J.) (ROSHAN DALVI, J.) (ROSHAN DALVI, J.)