Disposed

Rambhau S/O Mahadeorao Dadmal v. Yeshwant Rural Education, through Its President /Secretary, Wardha and 2

Bombay HC29 Nov 2022WP/7441/2019

Case brief

AI extract

What is this about?

Court held that in writ jurisdiction, it cannot examine wage calculations. It directed the petitioner to submit a representation to the respondent to decide the claim within eight weeks after hearing.

What did the court decide?

Direction to make a representation; Respondent to decide the claim within eight weeks after hearing.

Rambhau S/O Mahadeorao Dadmal Vs Yeshwant… — Pension and Retirement Benefits | Bombay HC (2022)

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13 WP-7441-2019

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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WRIT PETITION NO.7441 OF 2019

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{Rambhau S/o Mahadeorao Dadmal ..Vrs.. Yeshwant Rural Education Society and Ors.}

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______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

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Mrs. S. W. Deshpande, Advocate for the Petitioner. Mr S. K. Bhoyar, Advocate for the Respondents.

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CORAM : SANDEEP K. SHINDE AND MRS. VRUSHALI V. JOSHI, J.J. DATE : 29th NOVEMBER, 2022 .

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The Presiding Officer, Additional School Tribunal, Nagpur, by judgment and order dated 05.08.2004, in Appeal No.STN/180 of 1990, directed the Respondent No.1 - Yashwant Rural Education Society, Wardha, to pay the difference of wages to the Petitioner with effect from 05.07.1990, till the date of his superannuation.

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The decision of the School Tribunal was challenged in Writ Petition No.6105 of 2004. This Court had issued notice to the Respondents therein. In pending petition, the Respondent No.1 - Yashwant Rural Education Society, Wardha, deposited Rs.1,26,307/in the Registry of this Court. Whereafter, the petition was dismissed in default. However, the amount was withdrawn by the Petitioner herein.

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In any case, this petition is moved seeking to claim the amounts due and payable by the Respondents over and above Rs.1,26,307/- relating to wages payable w.e.f. 05.07.1990. In the writ jurisdiction, this Court cannot examine the calculations and direct the Respondent No.1 to pay that amount. Instead, we deem it

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13 WP-7441-2019

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appropriate to direct the Petitioner to make a representation for claiming the amount, if any, due and payable by the Respondent No.1. In case, such a representation is made, the Respondents shall decide the same in accordance with law, within eight weeks, after hearing the Petitioner.

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All contentions of the Petitioner and the Respondents are expressly kept open. The petition is disposed of.

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(MRS. VRUSHALI V. JOSHI, J.) (SANDEEP K. SHINDE, J.)

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TAMBE

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Digitally Signed By:ASHISH ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE Signing Date:29.11.2022 16:35

Rambhau S/O Mahadeorao Dadmal v. Yeshwant Rural Education, through Its President /Secretary, Wardha and 2

Case brief

What is this about?

What did the court decide?

Rambhau S/O Mahadeorao Dadmal v. Yeshwant Rural Education, through Its President /Secretary, Wardha and 2

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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