In a writ petition and civil application, the court disposed of the matter after the parties amicably settled the dispute. The respondent agreed to reinstate the applicant on the original post with continuity of service but waived back wages.
Reinstatement on the original post with continuity of service, but no back wages.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 WP1917.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 1917 OF 2012 WITH
CIVIL APPLICATION NO.11252 OF 2014
Gorakh Manikrao Jadhav
.. Applicant
Versus
The State of Maharashtra and Others .. Respondent
Shri Ankush N. Nagargoje, Advocate for the applicant Smt. A. V. Deshpande, A.G.P. for respondent Nos. 1 and 2 Shri N. L. Jadhvar, Advocate for respondent Nos. 3 and 4
CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.
DATE : 21ST NOVEMBER, 2014.
PER COURT :
2 WP1917.12
instructions, states that the petitioner is ready to waive the back wages right since 2001 till the date of reinstatement. It is also submitted by the learned counsel for the petitioner and learned counsel for the respondent Nos. 3 and 4 that vacancy is available for the post on which the petitioner was working with the respondent No.4.
ORDER
The respondent Nos. 3 and 4, as per their affidavit, shall reinstate the petitioner on the post on which the petitioner was originally working. However the petitioner is not entitled for the back wages from 01.10.2001 till the date of reinstatement. However will entitled for continuity in service.
Writ petition is accordingly disposed of.
Civil application is also stands disposed of.
[ V. K. JADHAV, J. ] [ S. V. GANGAPURWALA, J. ]
sam/Nov. 14
3 issues framed by the court
Whether the petitioner is entitled to reinstatement with or without back wages.
Whether the petitioner is entitled to continuity of service.
Whether pensionary benefits are available to the petitioner.
Gorakh Manikrao Jadhav
The State of Maharashtra
S. V. GANGAPURWALA
V. K. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
