Allowed

Shrikant Anant Urunkar v. Municipal Corpn City of Sangli-Miraj and Anr.

Bombay HC22 Dec 2010WP/6461/1999

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What is this about?

The High Court of Bombay, Bombay bench allowed a writ petition seeking reinstatement of a terminated municipal employee without back wages. The court ordered reinstatement from the date of termination (17.3.1990) with continuity of service for pension and retirement benefits calculation, but denied entitlement to back wages, leave wages, or other consequential benefits.

What did the court decide?

Reinstatement with continuity of service from 17.3.1990; no back wages; service reckoned for pension/gratuity; eligible for promotion from today; report for duty from 1.2.2011.

Shrikant Anant Urunkar Vs Municipal Corpn… — Pension and Retirement Benefits | Bombay HC (2010)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6461 OF 1999

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Shrikant Anant Urankar ... Petitioner

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v/s

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Municipal Corpn. of the City of Sangli-Miraj and Kupwad through its Commissioner, Sangli; & anr. ... Respondents

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Mrs.Anjali Helekar for the petitioner.

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Mr.N.V.Walawalkar for respondent No.1.

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CORAM: SMT.NISHITA MHATRE, J.

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DATED: 22ND DECEMBER, 2010

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P.C.:

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Mrs.Helekar, on instructions from the petitioner, who is present in Court and Mr.Walawalkar, the learned counsel appearing for respondent No.1 Corporation, agree that the petition can be disposed of in the following manner:-

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(i) The petitioner will be entitled to reinstatement with continuity of service with effect from 17.3.1990 i.e. the date of his termination from service.

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(ii) The petitioner will not be entitled to back wages for the period of his unemployment with the Municipal Corporation.

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(iii) It is made clear that the service of the petitioner will be reckoned as continuous with effect from 17.3.1990 for the purposes of pay fixation, payment of pension, gratuity and any other retiral benefits only.

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(iv) The petitioner will not be entitled to any leave wages or other consequential benefits for his period of unemployment with the Corporation except as aforesaid.

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(v) The petitioner will be eligible for being considered for promotion with effect from today.

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The petitioner shall report for duty on 1.2.2011 at the head office at 8.00 a.m. It is not necessary for the respondents to give notice to the petitioner directing him to report for duty on a particular day.

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The writ petition is disposed of in the aforesaid terms.

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Parties to act on an authenticated copy of this order.

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.....

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Shrikant Anant Urunkar v. Municipal Corpn City of Sangli-Miraj and Anr.

Case brief

What is this about?

What did the court decide?

Shrikant Anant Urunkar v. Municipal Corpn City of Sangli-Miraj and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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