Allowed

Sanjeevkumar Devidas Awale v. the Secretary, Gramin Shikshan Prasarak Mandal Walandi and Ors.

Bombay HC14 Dec 2009CA/12110/2009

Case brief

AI extract

What is this about?

The court vacated the interim stay on an order directing payment of back wages. The remedy of reinstatement was allowed after the employee was terminated for joining in contravention of a prior order refusing reinstatement.

What did the court decide?

Vacated the interim stay on the order directing payment of back wages and allowed the civil application.

Sanjeevkumar Devidas Awale Vs the Secretary… — Pension and Retirement Benefits | Bombay HC (2009)

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CIVIL APPLICATION NO.12110 OF 2009

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Office Notes, Office Memoranda of Coram, appearances, Court’s orders	Court’s or Judge’s orders or directions and Registrar’s orders
	Mr. Vivek Bhavthankar, Advocate for the applicant. Mr. S.S. Deo, Advocate for the respondent.
	CORAM : B.R. GAVAI,J.
	DATE : 14^thDecember, 2009 PER COURT :
	1. The learned counsel for the applicant submits that vide order dated 9^thOctober, 2007, this court had granted stay to that part of the order impugned in the petition, which directs payment of back waves, but, however, the prayer for reinstatement was specifically rejected. 2. It is submitted that the applicant was reinstated on 2^ndSeptember, 2008 and again terminated on 2^ndMay, 2009. 3. Shri Deo, learned counsel for the respondent submits that the subsequent termination is on the ground that approval is not granted to the appointment of the applicant.
	4. The basic responsibilityto makepayment of

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salary is on the management. When this court has specifically refused the prayer for reinstatement, the respondents were bound to continue the present applicant. A mere farce cannot be made of complying the orders passed by this court, by allowing the employee to join and then to terminate him.

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In that view of the matter, interim relief granted to the extent of stay to the payment of back wages is concerned, the same stands vacated.

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The civil application is allowed.

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[B.R. GAVAI,J.] grt/-

Sanjeevkumar Devidas Awale v. the Secretary, Gramin Shikshan Prasarak Mandal Walandi and Ors.

Case brief

What is this about?

What did the court decide?

Sanjeevkumar Devidas Awale v. the Secretary, Gramin Shikshan Prasarak Mandal Walandi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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