MOHAMMAD SHFIQUE RAFIQ AHMED SHAIKH vs THE CHAIRMAN, MUMBAI PORT TRUST

Judgment text excerpt

wp-2063-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2063 OF 2025 Mohammad Shafique Rafiq Ahmed Shaikh Age : 50 years, NIKITA KAILAS R/at : New Gautam Nagar, Plot No.1, DARADE Digitally signed by NIKITA KAILAS DARADE Date: 2025.05.09 12:27:22 +0530 Opp. Sunni Baraili Masjid, P.L. Lokhande Marg, Gowandi, Mumbai : 400043. … Petitioner Versus 1. The Chairman, Mumbai Port Trust CP & IRM’s Office, Port Bhavan, S.V. Marg, Fort, Mumbai- 400001. 2. The Assistant Traffic Manager Labour Administration On board Labour Port Bhavan, Ballard Estate, Mumbai 400001 ….Respondents **** Mr. Abhijeet P. Kulkarni a/w Ms. Shweta Shah a/w Mr. Abhishek Roy a/w Mr. Shreyas Zarkar a/w Mr. Gourav Shahane a/w Mr. Krushna Jaybhoy, for the Petitioner. Mr. Subhash Bhalwal a/w Mr. Kundanlal Patil i/b M/s. Vyas Bhalwal, for Respondents. CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ. RESERVED ON:- 29TH APRIL, 2025 PRONOUNCED ON:- 09TH MAY, 2025 Nikita 1 wp-2063-2025.odt JUDGMENT ( PER ASHWIN D. BHOBE, J.): 1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties. 2. By the present petition, the Petitioner questions the rejection of his application dated 27.09.2023, for grant of compassionate pension and retirement benefits under Rule 35 (1) of the Municipal Port Trust Pension Regulation Rules, 2001, by the Respondent No.1, as communicated by the Respondent No.2, vide communication bearing No.OBL/LA/ESTT/524/2024 dated 15.10.2024. 3. Brief facts of the case are that the Petitioner was an employee of the Respondent Management, who was appointed on 01.09.1986. On account of his absenteeism for a period of 646 days, Petitioner was issued charge-sheet dated 11.02.2005 by the Respondent Management, calling upon the Petition