The High Court of Judicature at Bombay, Nagpur Bench, reviewed the Tribunal's decision that the petitioner is not entitled to backwages as services were regularised effective March 1, 1990, with EOL granted later. The Court upheld the Tribunal's finding.
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
Writ Petition No.5460 of 2007
(Pradeep Vishwanathrao Rahate .vs. State & Ors.)
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Office Notes, Memoranda of Coram,
appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders.
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CORAM : D.D.Sinha and Smt. Vasanti A.Naik, JJ. DATE : December 12, 2007.
Heard Mr.M.K.Kulkarni, Adv. for the Petitioner and Mr.Deopujari, Assistant Government Pleader for the Respondents.
Considered the contentions and perused the decision of the Tribunal. The Tribunal has specifically observed that the services of the petitioner were regularised w.e.f. 1.3.1990 as a special case by granting extra-ordinary leave without pay w.e.f. 1.12.1992 to 28.4.2006 by issuing the Government Resolution dated 28th March, 2007 and therefore, concluded that the petitioner, in such a situation, would not be entitled for any backwages.
The conclusion arrived at by the Tribunal is just and proper and needs no interference. Hence, the Writ Petition is dismissed.
JUDGE JUDGE
ssj
2 issues framed by the court
Whether the petitioner is entitled to backwages given that services were regularised as a special case with grant of EOL
Whether the Tribunal's conclusion that no backwages are due is just and proper.
Pradeep Vishwanathrao Rahate
State
D.D.Sinha
Vasanti A.Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
