Disposed

New Education Society and Ors. v. Usha Bapuso Rade and Ors.

Bombay HC21 Jul 2010LPA/312/2002

Case brief

AI extract

What is this about?

The High Court disposed of a Letters Patent Appeal regarding a teacher's service dispute where the respondent had attained superannuation. The Court ordered the Dy. Director of Education to compute and release salary and pension dues while directing the appellant to finalize specific salary payments within four weeks.

What did the court decide?

Direction to Dy. Director of Education to compute and release benefits due to the teacher; direction to appellant to pay specific sums regarding temporary and permanent teacher contracts within four w

New Education Society and Ors. Vs Usha Bapuso… — Pension and Retirement Benefits | Bombay HC (2010)

LPA.312/2002

acd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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LETTERS PATENT APPEAL NO. 312 OF 2002 IN WRIT PETITION NO. 2910 OF 2000

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New Education Society & Ors.

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....Appellant.

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Vs.

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Usha Bapuso Rade & Ors.

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...Respondents.

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Mr. N.V. Bandiwadekar, for the the Appellants. Mr. D.S. Sawant for Respondent No.1. Mr. R.M. Patne, AGP for Respondent No.2.

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CORAM: MOHIT S. SHAH, C.J. S.C. DHARMADHIKARI, J.

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DATE : 21^st JULY, 2010.

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P.C.

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1] This appeal was listed before the Division Bench for hearing and final disposal. At that stage, considering the peculiar facts, we indicated to the appellantmanagement and the first respondentteacher to arrive at amicable settlement with regard to teacher’s entitlement post reinstatement in services of the appellant management.

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LPA.312/2002

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2] Our attention has been drawn to the fact that during pendency of the proceedings before this Court, first respondent attained the age of superannuation on 30.6.2007.

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3] Learned Single Judge in the impugned order has noted that the direction of the Tribunal is to pay back wages from 30.4.1998 till such time as the first respondent was permitted to join the duties.

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4] Since, the first respondent cannot be now reinstated on account of her attaining superannuation, the appellantmanagement and the first respondent have agreed that the Letters Patent Appeal can be disposed of with a direction to the Dy. Director of Education, Kolhapur Region, Kolhapur to compute the benefits due to the first respondent and release the sums accordingly.

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5] Shri Bandiwadekar, learned counsel for the appellants states that period between 30.4.1998 and 30.4.2001 the appellant management had appointed some persons on contract/temporary

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LPA.312/2002

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basis and the payment of salaries of such candidates were made from the grant which is computed at Rs.1,01,781/. Further, since 15.9.2001, the appellantmanagement appointed teachers and paid their salaries from the funds which is in the sum of Rs.47,767/ and, therefore, the appellantmanagement is ready and willing to bear the burden of the sum that is due and payable to the first respondent teacher during the above period. The rest of the amounts, upon computation and finalisation by the Dy. Director of Education can be released directly to the first respondent teacher. Shri Bandiwadekar, further states that time of four weeks from today may be granted to enable the appellantmanagement to forward the pension papers to the Dy. Director of Education, Kolhapur Region, Kolhapur so as to enable the said authority to compute the pension payable to the first respondent teacher.

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6] Shri Sawant, the learned counsel appearing on behalf of the first respondent submits that the entitlement of the first respondent from the date of termination till her date of attaining

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LPA.312/2002

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superannuation is of Rs.14,32,509/ . Let the Dy. Director of Education after scrutiny of the relevant documents and computing the final figure, take steps to release the amount to the first respondent teacher. The Dy. Director of Education shall carry out this exercise within a period of six weeks from today.

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7] As far as the period of arrears of i.e. from 11.9.1995 to 29.4.1998 is concerned, the appellantmanagement to take appropriate decision and communicate it to the first respondent within a period of four weeks from today.

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8] The first respondent will also render necessary co operation to the Dy. Director of Education, so that the computation as directed above can be completed. In the light of the agreement as recorded above, the Letters Patent Appeal is disposed of, but without any order as to costs.

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CHIEF JUSTICE

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S.C. DHARMADHIKARI, J.

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5 LPA.312/2002

New Education Society and Ors. v. Usha Bapuso Rade and Ors.

Case brief

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New Education Society and Ors. v. Usha Bapuso Rade and Ors.

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