Dismissed

Shri. Ramchandra Bandu Kshirsagar v. Krishnamai Shikshan Prasarak Mandal, Dhamner, through President, Shri. B. Y. Kshirsagar and Ors.

Bombay HC11 Jun 2019WP/8559/2013

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition challenging the payment of leave encashment. The Court held that the aided school management was liable for ensuring documents were submitted, not the State Government, and thus no interest was due for the delay. The matter was disposed of without any interim relief.

What did the court decide?

No interest awarded; writ petition and connected civil application dismissed.

Shri. Ramchandra Bandu Kshirsagar Vs… — Pension and Retirement Benefits | Bombay HC (2019)

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(1) WP 8559-13

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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Amk

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WRIT PETITION NO. 8559 OF 2013 WITH

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CIVIL APPLICATION NO. 1293 OF 2019

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Ramchandra Bandu Kshirsagar .. Petitioner Vs. Krishnamai Shikshan Prasarak Mandal, Dhamner through President & Ors. .. Respondents

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Mr. Sachin Chavan for the Petitioner. Mr. K. J. Phakade for Respondent Nos.1 & 2. Mr. M. M. Pabale, AGP for Respondent Nos.3 to 5.

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CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J. DATE : 11th JUNE, 2019.

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P. C. :

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Heard learned Counsel for the parties.

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The Writ Petitioner was working as Head Master of the 2^nd Respondent-School established by the 1st Respondent-Trust. He superannuated on 28.02.2002. His claim for leave encashment was

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processed and a sum of ₹ 1,00,040/- was paid to him on 13.12.2012.

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The claim in the Writ Petition filed in the year 2013 is to pay interest to

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him @ 12% per annum for the period 01.03.2002 till 13.12.2012.

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(1) WP 8559-13

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The 3^rd Respondent being an aided institution, leave encashment amount was paid by the State Government directly to the Petitioner.

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From the reply filed by Respondent Nos.1 and 2, the reason for the delay in submitting the papers to the State Government is a dispute between two warring fractions claiming management of Respondent No.1 and Respondent No.2. As regards the State Government, suffice it to note that to the State Government the Petitioner made a representation for the first time on 29.11.2010. Thereafter, papers were processed. Delay cannot be attributed to the State Government and thus, liability on account of delayed payment cannot be fastened on the State Government.

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On fixation of liability on the 1^st and 2^nd Respondents, working as a Head Master, irrespective of the dispute between the two warring fractions claiming the right to manage the affairs of the 1^st and 2^nd Respondents, it was for the Petitioner to ensure that he submits the requisite documents to the State Government. The Head Master of the school is the administrative head of the school.

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Under the circumstances, we find no reason to direct any interest

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to be paid to the Petitioner for the belated leave encashment payment made to him.

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2/3

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(1) WP 8559-13

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Writ Petition is dismissed.

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In view of disposal of Writ Petition, Civil Application No. 1293 of 2019 does not survive and is disposed of.

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[N. M. JAMDAR, J.]

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[CHIEF JUSTICE]

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Shri. Ramchandra Bandu Kshirsagar v. Krishnamai Shikshan Prasarak Mandal, Dhamner, through President, Shri. B. Y. Kshirsagar and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Ramchandra Bandu Kshirsagar v. Krishnamai Shikshan Prasarak Mandal, Dhamner, through President, Shri. B. Y. Kshirsagar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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