Partly allowed

Nitin Ashok Jadhav v. State of Maharashtra Thr the Honorable Secretary School and Education Dept. and Ors.

Bombay HC5 Apr 2022WP/3896/2022

Case brief

AI extract

What is this about?

Petitioner approached High Court alleging delay by Respondent in allotting Shalarth ID and salary despite approved appointment. Court directed Respondent to decide proposal within two weeks, allot ID, and pay salary arrest within four weeks.

What did the court decide?

Respondent directed to decide on Shalarth ID proposal within 2 weeks, allot ID, and pay salary with arrears within 4 weeks.

Nitin Ashok Jadhav Vs State of Maharashtra… — Pension and Retirement Benefits | Bombay HC (2022)

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909-WP-3896-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3896 OF 2022

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Mr. Nitin Ashok Jadhav … Petitioner Versus State of Maharashtra and Ors. … Respondents

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Mr. Nikhil D. Waje, for the Petitioner.

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Mr. N. C. Walimbe, AGP for the State-Respondent Nos. 1, 2 and 4.

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CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

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DATE : 5^th APRIL, 2022. P.C. :

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Heard learned Counsel for the Petitioner and learned AGP, who appears by waiving notice for Respondent Nos. 1, 2 and 4. There is no need to issue any notice to Respondent Nos. 3 and 5 as no relief is claimed by them.

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2 Rule. Rule made returnable forthwith. Heard finally by consent.

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3 The grievance of the Petitioner is that even though his

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REKHA PRAKASH PATIL

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Digitally signed by REKHA PRAKASH PATIL Date: 2022.04.08 16:28:05 +0530

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Rekha Patil

909-WP-3896-2022.doc

appointment as Junior Clerk received approval from Education OfÏcer and that he is entitled to be paid salary by allotting Shalath ID by Respondent No.4, the Respondent No.4 is trying to postpone the decision.

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5 We find that Respondent No. 2 has already sent a proposal regarding allotment of Shalarth ID of the Petitioner on 2^nd September, 2020 and this proposal is still pending for decision of Respondent No.4.

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6 In such a matter, Respondent No. 4 is required to take his decision by keeping in view the various judgments rendered by this Court, which Respondent No.4 has not done so far.

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7 Rule is made absolute in the above terms. No costs.

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8 We are of the view that Petition deserves to be partly allowed.

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9 Respondent No. 4 is directed to take an appropriate decision on the proposal sent to him by Respondent No.2 regarding insertion of the name of the Petitioner in Shalarth

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Rekha Patil

909-WP-3896-2022.doc

Pranali for the purpose of payment of salary together with arrears to him, keeping in view of the directions issued by this Court in Writ Petition No. 8966 of 2021 ( Amol Baban Sangar Vs. The State of Maharashtra and Ors .,) decided on 21^st February, 2022, at the earliest and in any case, within a period of two weeks from the date of receipt of the copy this Order.

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10 In case Sharath ID is allotted to the Petitioner, salary and admissible arrears of salary be paid to the Petitioner by taking necessary steps within four weeks from the date of date of including the name of Petitioner in Shalarth system.

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11 Even though, all compliances have been made by Respondent No. 5.

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[G.A. SANAP, J.] [SUNIL B. SHUKRE, J.]

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Rekha Patil

Nitin Ashok Jadhav v. State of Maharashtra Thr the Honorable Secretary School and Education Dept. and Ors.

Case brief

What is this about?

What did the court decide?

Nitin Ashok Jadhav v. State of Maharashtra Thr the Honorable Secretary School and Education Dept. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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