Disposed

Vasant Hindurao Jadhav v. Chairman / Secretary, Shamji Dayabhai Shah Educational Trust and Ors.

Bombay HC6 Feb 2019WP/608/2013

Case brief

AI extract

What is this about?

The petition concerned pension receipt and arrears of salary. The court directed the competent authority to treat the petition as a representation to ensure prompt decision-making by a specified date, citing pending representation doctrine. The writ petition regarding other prayers was dismissed as not pressed, and the matter was disposed of.

What did the court decide?

Entitled directions for expeditious determination and deadline for decision on pending representation; writ petition dismissed as not pressed regarding other prayers.

Vasant Hindurao Jadhav Vs Chairman /… — Pension and Retirement Benefits | Bombay HC (2019)

¶1

(912)ASWP608.13.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

WRIT PETITION NO. 608 OF 2013

¶4

Vasant Hindurao Jadhav … Petitioner

¶5

¶6

1 Chairman / Secretary, Shamji Dayabhai Shah Educational Trust & Ors. ... Respondents

¶7

Ms. Saima Ansari i/b R.M. Momin for the Petitioner.

¶8

Mr. Prashant Chavan with Mr. Ravindra Chile i/b Divekar & Co. for the Responent Nos.1 and 2.

¶9

Mr. V.M. Mali, AGP, for the Respondent Nos.3 to 5 – State.

¶10

CORAM : S.C. DHARMADHIKARI &

¶11

M.S. KARNIK , JJ.

¶12

WEDNESDAY, 6TH FEBRUARY, 2019

¶13

P.C. :

¶14

1 It is stated by the petitioner’s advocate that the

¶15

petitioner has been held to be entitled to receive pension. The Management has opened an Account and credited the amount in

¶16

that Account. The credit is to the benef i t of the petitioner. Thus,

¶17

the petitioner is in receipt of the pension and will continue to receive the pensionary benef i ts in accordance with the applicable

¶18

rules and regulations.

¶19

SRP 1/3

¶20

(912)ASWP608.13.doc

¶21

2 As far as the relief in terms of prayer clause (d) it is stated that the arrears of salary as conf i rmed by the Head Master should be released in favour of the petitioner and for the period 11 th November, 2007 to 30 th April, 2010, with all attendant benef i ts.

¶22

3 It is stated that a representation in that behalf has

¶23

been made to the Education Off i cer, but the petitioner has not received any information or intimation in that regard.

¶24

4 It is stated that the competent authority is the Deputy Director of Education, Mumbai Division, Charni Road, Mumbai.

¶25

5 We direct this authority to treat this petition as a representation of the petitioner for release of such arrears and attendant benef i ts and take a decision thereon as expeditiously as possible and, in any event, before 31 st May, 2019.

¶26

6 Even the petitioner’s representation forwarded through the School is lying unattended with the Education

¶27

SRP 2/3

¶28

(912)ASWP608.13.doc

¶29

Department and particularly this authority. A decision on both, namely, the present petition as also the pending representation shall be taken and communicated before the above date. In the light of the above order, the writ petition is dismissed as not pressed insofar as other prayers are concerned.

¶30

7 The Writ Petition, accordingly, stands disposed of.

¶31

M.S. KARNIK, J. S.C. DHARMADHIKARI, J.

¶32

SRP 3/3

Vasant Hindurao Jadhav v. Chairman / Secretary, Shamji Dayabhai Shah Educational Trust and Ors.

Case brief

What is this about?

What did the court decide?

Vasant Hindurao Jadhav v. Chairman / Secretary, Shamji Dayabhai Shah Educational Trust and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunita Rajendra Apate Vs the Secretary and Chief Executive Officer and 2 Ors.

Padmabhushan Vasantdada Patil Pratishthan Vs All India Council for Technical Education and 2 Ors.

Janseva Shikshan Prasarak Mandal, Mhalunge, through President, Pandurang Y. Chavan Vs the State of Maharashtra, through Secretary, Dept of School Education and Sports Dept and Ors.

Shri. Owale Dattatraya Jaysing Vs the University Grant Commission and Ors.

Rupali Sambhaji Hande Vs Leela Education Society, through Chairman and Ors.

Deepak Srichand Manglani Vs Leela Education Society, through Chairman and Ors.