Partly allowed

Smt. Jyoti Ramesh Upase v. Gadge Baba Prabodhan Shikshan Sanstha Thr. Its Secretary and Anr.

Bombay HC20 Jan 2012WP/3783/2011

Case brief

AI extract

What is this about?

This writ petition sought a direction to release unpaid subsistence allowance during the petitioner's suspension. The High Court directed the management to pay arrears from February 2008 and granted liberty to approach the State Government for advance payment if the management defaulted.

What did the court decide?

Directed the management to pay subsistence allowance arrears from 28.02.2008 and to pay future dues by the 15th of the next month. Liberty granted to move State Government for enforcement.

Smt. Jyoti Ramesh Upase Vs Gadge Baba… — Pension and Retirement Benefits | Bombay HC (2012)

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201wp3783.11

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO. 3783 OF 2011

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(Smt. Jyoti Ramesh Upase vs. Gadge Baba Prabodhan Shikshan Sanstha & Anr.)

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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.

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CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JANUARY 20, 2012.

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Heard Mr. Sirpurkar, learned counsel for the petitioner and Mrs. Joshi, learned Assistant Government Pleader for respondent No. 2. Nobody appears for respondent No. 1, though it is served sometimes in October 2011.

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The limited grievance of the petitioner in the present petition is, to direct the respondents to release the subsistence allowance of the petitioner in terms of order of suspension dated 10.03.2008. He contends that no subsistence allowance whatsoever has been paid so far to the petitioner.

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The learned Government Pleader points out that the Education Officer has on 10.03.2008 passed appropriate orders in this respect and granted approval to suspension, pending departmental enquiry. She further contends that it is for the management to pay subsistence allowance in this situation.

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Accordingly, we direct the management to

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201wp3783.11

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pay to the petitioner all his dues/ arrears of subsistence allowance from 28.02.2008 onwards during the pendency of said suspension. The arrears of suspension from the said date till 31.12.2011 shall be paid to the petitioner by 15^th February 2012. The subsistence allowance for the month of January 2012 shall also be released by 15^th February 2012. Accordingly, subsistence allowance for each month commencing from February 2012 shall be paid by 15^th day of next month. If the subsistence allowance is not paid to the petitioner by Respondent No. 1 by said date, liberty to the petitioner to move Respondent No. 2. In that event, Respondent No. 2 shall be free to appropriate the amounts payable to Respondent No. 1 towards the arrears of subsistence allowance and pay it to the petitioner.

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With these directions and observations, petition is partly allowed and disposed of. No order as to costs.

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JUDGE

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JUDGE

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*GS.

Smt. Jyoti Ramesh Upase v. Gadge Baba Prabodhan Shikshan Sanstha Thr. Its Secretary and Anr.

Case brief

What is this about?

What did the court decide?

Smt. Jyoti Ramesh Upase v. Gadge Baba Prabodhan Shikshan Sanstha Thr. Its Secretary and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

Coram

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