The High Court refused an adjournment in a writ petition concerning unpaid lecturer salary. Noting that the petitioners' claim for salary from April to August 2012 had already been satisfied by the respondents via college accounts, the petition was disposed of as infructuous.
The writ petition disposed of as infructuous.
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.
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1 9 WP 1706-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1706 OF 2016.
Dr.Sadashivrao Mahadeo Sawant .. Petitioner Vs State of Maharashtra and others .. Respondents
Ms.Vilasini Balasubramanian i/b Mr.Sanjeev Kadam, for the Petitioner. Mr.P.P.Kakade, Government Pleader a/w Ms.Nisha MehraAdditional Government Pleader, for Respondent -State.
CORAM : PRADEEP NANDRAJOG, C.J. & N.M.JAMDAR, J. Date : 14 June, 2019.
P.C. :
adjournment on the plea of non-availability of the arguing counsel.
In view of the reply filed with proof in support of the assertion in the
pleadings it would be useless to defer hearing of the Writ Petition.
2. Claim in the Writ Petition is to release the unpaid salary
of the Petitioner between the months of April till August 2012.
2 9 WP 1706-2016.doc
Petitioner superannuated on 31 March 2014 but as per policy was entitled to service being extended post retirement. This was done. On account of superannuation disbursement of salary was stopped but in view of extension of service salary for six months was paid on account of the tenure of service being extended by two years. It is pleaded that the salary for this period was credited to the account of the Respondents' College which has disbursed the payment to the Petitioner. Proof of the payment tendered to the College has been filed. Further proof has been given that the College instructed its banker : Bank of Maharashtra branch Chiplun District Ratnagiri, to credit the amount to the account of the Petitioner and six other similarly situate employees.
by the Respondents we dispose of the Writ Petition as infructuous.
CHIEF JUSTICE
N.M.JAMDAR, J.
2 issues framed by the court
Whether the Writ Petition seeking release of unpaid salary is maintainable when the relief has already been granted by the respondents.
Whether an application for adjournment on the plea of non-availability of advocating counsel should be allowed.
1 provisions across 1 enactments
Dr. Sadashivrao Mahadeo Sawant
State of Maharashtra
Pradeep Nandrajog
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
