Disposed

Santosh Bhila Patil v. the State of Mah and Ors.

Bombay HC30 Aug 2012WP/3061/2012

Case brief

AI extract

What is this about?

The High Court directed respondent authorities to reconstitute the petitioner's lost service book within eight weeks. The Court directed respondents to decide on Fifth and Sixth Pay Commission benefits and continuity of service within six months, ignoring a specific communication and entitling the petitioner to 50% backwages upon reinstatement.

What did the court decide?

Directions to reconstitute service book within eight weeks, decide on pay commission benefits and continuity within six months, and grant 50% backwages.

Santosh Bhila Patil Vs the State of Mah and… — Pension and Retirement Benefits | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 3061 OF 2012

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Santosh Bhila Patil .. PETITIONER VERSUS

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The State of Maharashtra & others .. RESPONDENTS

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Mr. S. P. Brahme, advocate for petitioner. Mr. S. K. Tambe, AGP for the State.

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CORAM : R.M. BORDE & S. S. SHINDE, JJ. DATE : 30^th AUGUST, 2012.

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PER COURT :

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This petition can be disposed of by issuing certain directions to respondent nos. 2 to 4.

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So far as prayer clause ‘C’ contained in the petition in respect of providing petitioner duly completed service book is concerned, it is agreed between petitioner and respondent nos. 5 and 6 that service book pertaining to petitioner would be reconstituted and same would be provided to petitioner

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within a period of eight weeks from today. It is stated that service book belonging to petitioner is not traceable and as such the same is required to be reconstituted. Petitioner agrees to extend co-operation to respondent nos. 5 and 6 in preparation of the service book.

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Petitioner is also making grievance in respect of refusal by respondent /authorities in extending benefits of Fifth and Sixth Pay Commission and grant of senior grade scale. Representation has been presented by petitioner in that regard to the Director of Education as well as Deputy Director of Education on 27-2-2012 and 6-3-2012. Respondent nos. 2 and 3 are directed to take decision on the representations tendered by petitioner,

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after extending an opportunity of hearing to petitioner, as expeditiously as possible, preferably within a period of six months from today. Learned counsel for petitioner has invited our attention to the communication dated 15-5-2010 issued by the Education Officer, Zilla Parishad, Dhule. The view adopted by the Education Officer is totally erroneous and, the authorities while considering the representation tendered by petitioner shall decide the matter over-looking the communication dated 15-5-2010. It is also directed to the concerned respondents to take into account the view expressed by this Court while disposing of Writ Petition No. 2745/1996. Respondents shall bear in mind that this Court while allowing the petition has directed that petitioner be re-instated in service with continuity. Petitioner is held eligible to receive 50% of the backwages from the date of termination till re-instatement in service. While dealing with the representation respondents shall not over-look the factum of granting relief of continuity in service by this Court. With these observations

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petition stands disposed of.

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Pending civil application, if any, does not survive and stands disposed

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of.

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( S. S. SHINDE, J. ) ( R. M. BORDE, J. )

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dyb

Santosh Bhila Patil v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Santosh Bhila Patil v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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