Disposed

The Chairman - Ghonsari Gram Vikas Manda (Mumbai) and Anr. v. Kavita Baburao Jadhav and Anr.

Bombay HC14 Dec 2009LPA/300/2009

Case brief

AI extract

What is this about?

The High Court disposed of a Letters Patent Appeal based on a consent agreement. The appellants agreed to pay 50% of salary arrears, subject to reinstatement and balance wage claims to be determined by the Single Judge in the underlying writ petition.

What did the court decide?

Impugned order modified per consent: appellants to pay 50% salary arrears; respondent to forego reinstatement claim pending Single Judge's decision on extension employment.

The Chairman - Ghonsari Gram Vikas Manda (Mumbai) and… — Service and Employment | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO.300 OF 2009
IN

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WRIT PETITION NO.3829 OF 2009

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The Chairman,
Ghonsari Gram Vikas
Mandal (Mumbai) & Anr.
Vs.

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.... Appellants

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Smt. Kavita Baburao Jadhav
& Anr..... Respondents

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Shri A.G. Kothari for the Appellants.
Shri S.S. Pakale for Respondent No.1.
Shri V.P. Malvankar, A-Panel Counsel
for the State.

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CORAM: SWATANTER KUMAR, C.J., AND
 A.M. KHANWILKAR, J.

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DATED: DECEMBER 14, 2009

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P.C:

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1.Learned counsel appearing for the
parties, after some arguments, state that this
appeal can be disposed of by a consent order,
the agreed terms of which are as under:

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(a)The impugned interim order passed by
the learned single Judge shall stand modified
as follows:

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(i)The appellants shall pay 50% of the
arrears of salary to respondent No.1 till date
within the time as granted by the learned
single Judge.

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(ii)If such payment is made, respondent
No.1 will not claim reinstatement and the
balance 50% of the wages.

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(iii)Learned counsel for the parties will
argue the matter before the learned single
Judge on 18-1-2010, the date on which the case
is stated to have been adjourned for hearing.

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(iv)The parties will make a mention before
the learned single Judge for expeditious
disposal of the matter, which request may be
considered by the learned single Judge in his
discretion.

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(v)The agreed terms are without prejudice
to the rights and contentions of each other.

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(vi) The payment of the balance 50% of the
wages as well as the reinstatement shall be
subject to the orders which may be passed in
the Writ Petition by the learned single Judge.
In the event the management succeeds,

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respondent No.1 shall be liable to restitution
of the amount with interest at the rate of 6%
per annum from the date of deposit till
repayment.

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2.The appeal is accordingly disposed of.

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 CHIEF JUSTICE

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 A.M. KHANWILKAR, J.

The Chairman - Ghonsari Gram Vikas Manda (Mumbai) and Anr. v. Kavita Baburao Jadhav and Anr.

Case brief

What is this about?

What did the court decide?

The Chairman - Ghonsari Gram Vikas Manda (Mumbai) and Anr. v. Kavita Baburao Jadhav and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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