1 WP : 3081/2011 27.6.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3081 OF 2011 Smt. Kalawati Kamlakar Abhyankar .... Petitioner Vs. The Municipal Corporaition of Greater .... Respondent Mumbai Mrs. V. V. Thorat i/by Ms. Pratibha D. Shelke, for Petitioner Mr. M.M. Malvankar, Advocate for BMC Husband of petitioner is present. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 27th June, 2011 PC: 1. After the petition is argued for some length, Mrs. Thorat, learned counsel for the petitioner seeks to withdraw the same. She however, requests that the petitioner be given reasonable time to vacate the enquiry premises. Since the petitioner has not vacated the inquiry premises after her retirement from service, the respondent-Corporation has withheld her pensionary benefits. Admittedly, the petitioner is liable to pay charges for continuing to occupy the inquiry premises post retirement. However, neither counsel is in position to specify the amount due. Mrs. Thorat, on instructions from the husband of the 2 WP : 3081/2011 27.6.2011 petitioner who is present in the Court, states that the petitioner has no objection to respondent-Corporation withholding part of the pensionary dues to the extent of the petitioner s liability to ’ the Corporation. In view of the facts and circumstances of the case and the statement made, in my opinion, following directions would meet the ends of justice. 1) The petition is allowed to be withdrawn. 2) The petitioner and her family are allowed to continue to reside in the enquiry premises till 30th June 2012. 3) The petitioner shall file undertaking in writing, within a period of two weeks from today, stating that she shall vacate enquiry premises along with her family and handover peaceful possession of the same to the respondent -Corporation on 1st July 2012. 4. The Petitioner shall deposit the rent for twelve months for the period July 2011 to 30th June 2012 at the rate of Rs.4,300/- per month with the Estate Department of the respondent- Corporation on/or before 5th July 2011. 5) The petitioner is at liberty to approach the concerned department of respondent-Corporation with representation for reduction in the dues payable if she so desires. In the event of such application being filed, the respondent-Corporation shall give due consideration to it and decide the same within a period of four weeks. 6) The respondent-Corporation shall withhold the entire 3 WP : 3081/2011 27.6.2011 amount of gratuity and 50% of the provident fund payable to the petitioner and release the balance amount at the earliest. 7) The amounts so withheld shall be released by the respondent-Corporation on receiving possession of the enquiry premises from the petitioner. 8) Mrs. Thorat says that the petitioner has deposited a sum of Rs.50,000/- in the Bombay City Civil Court towards part payment of her dues. While calculating the total amount of dues payable by the petitioner to the respondent- Corporation, credit be given to that amount of Rs.50,000/-. The respondent- Corporation is at liberty to withdraw the amount of Rs.50,000/- deposited in the Bombay City Civil Court. (SMT. R.P. SONDURBALDOTA,J)