Allowed

Sharad Laxmanrao Dahatonde v. the State of Mah and Ors.

Bombay HC29 Apr 2016WP/1481/2013

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Bench at Aurangabad disposed of writ petitions by holding that petitioners are entitled to leave encashment. The court directed respondents to calculate the quantum within four months and make payment within six months, relying on finality of precedents.

What did the court decide?

Entitled to leave encashment; respondents to calculate quantum within four months and pay within six months.

Sharad Laxmanrao Dahatonde Vs the State of… — Pension and Retirement Benefits | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(1) 12016/2015wpgr

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920 WRIT PETITION NO. 12016 OF 2015 WITH WP/1481/2013 WITH WP/12015/2015 WITH WP/12018/2015 WITH WP/12026/2015 WITH WP/12027/2015 WITH WP/12030/2015 WITH WP/12144/2015

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SAHEBRAO SUKDEORAO RINDHE

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VERSUS THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr.Maske Uttreshwar.M. and Mrs. R.R.Mane AGP for Respondent / State : Mr. S.Y. Mahajan

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Advocate for Respondent No.3 : Mr. V.D. Hon, Sr. Advocate h/f Mr. A.V. Hon.

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WITH

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921 WRIT PETITION NO. 12035 OF 2015

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RAMESH PUNDALIK PATIL VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr. Maske Uttreshwar.M. and Mrs. R.R.Mane AGP for Respondent / State : Mr. S.Y. Mahajan Advocate for Respondent No.2 & 3 : Mr. V.D. Hon, Sr. Advocate h/f Mr. A.V. Hon.

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CORAM : R.M.BORDE AND P.R.BORA,JJ DATE : April 29,2016

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PER COURT :-

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The issue raised in these writ petitions is no more res integra in view of the Judgment delivered by this Court in the case of Khandesh College Education Society V/s. Arjun Hari Narkhede and Others (Writ Petition No.2881 of 2007 and matters connected therewith). The Judgment in the aforesaid matter has attained finality since the Hon'ble Supreme Court has

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AGP/-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(2) 12016/2015wpgr

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turned down Special Leave Petitions challenging the decision rendered by the High Court. A Petition for review filed against the judgment delivered by High Court has also been dismissed. This Court has followed the Judgment delivered in the case of Khandesh College Education Society (cited supra), in Writ Petition No.8911 of 2011, in the case of Kachru Shankar Sahane died through L.Rs. Radhika Kachru Sahane and others V/s. The State of Maharashtra and others, and other companion matters decided on 03rd August, 2015. In view of decision rendered by the High Court in the aforesaid matters, we pass following order:

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ORDER

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a) The petitioners are entitled for the benefits of leave encashment from the concerned Educational Institutions. The Petitioners shall appear before the concerned Respondents for calculating the quantum of amount payable by the concerned Institutions to the petitioners. The concerned Respondents shall consider the aspect of days of leave to the credit of the petitioners for the purpose of leave encashment. The calculation shall be made by the concerned Respondents within four months from today. After determining the amount, the concerned Institutions shall make payment of the dues to the petitioners in respect of the leave encashment within further period of six months. The Writ Petitions are accordingly disposed of. No Costs.

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( P.R. BORA, J. ) ( R. M. BORDE, J. )

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AGP/-

Sharad Laxmanrao Dahatonde v. the State of Mah and Ors.

Case brief

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Sharad Laxmanrao Dahatonde v. the State of Mah and Ors.

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