Allowed

Shashikala Shashkant Patil and Anr. v. State Consumer Dispute Redressal Commission and Ors.

Bombay HC20 Feb 2023WP/1438/2023

Case brief

AI extract

What is this about?

Writ petition filed by retired presidents of a District Consumer Redressal Forum seeking leave encashment. The High Court, referring to precedents, directed the State Government to release the leave encashment within four months with 6% interest for delay.

What did the court decide?

Petitioners entitled to leave encashment; State to pay within four months with 6% interest for delay.

Shashikala Shashkant Patil and Anr. Vs State… — Pension and Retirement Benefits | Bombay HC (2023)

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30.1438.23-wp.docx

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BASAVRAJ GURAPPA PATIL

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 1438 OF 2023

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Digitally signed by BASAVRAJ GURAPPA PATIL Date: 2023.02.21 11:42:15 +0530

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Shashikala Shashikant Patil & Anr.

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….. Petitioners

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Vs.

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State Consumer Dispute Redressal Commission & Ors. ….. Respondents

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Mr.Ajit J. Kenjale for the Petitioners

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Ms.R.A.Salunkhe, A.G.P. for the State

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CORAM: S.V.GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

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DATED : FEBRUARY 20, 2023

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P.C.

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The Petitioners had worked as Presidents of the District Consumer Redressal Form. The Petitioners have completed the tenure. The Petitioners seek benefit of leave encashment.

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It is submitted that even calculations were made of the unutilized earned leave. However, the payment of the same is not made.

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We have heard the learned Counsel for the Petitioner and the learned AGP. It is not disputed that the present Petitioners are similarly situated Petitioners in Writ Petition No.9868 of 2014 decided under the judgment and order dated 11^th September 2015

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Basavraj

30.1438.23-wp.docx

and the Petitioners in Writ Petition (St) No.27125 of 2016 decided on 21.04.2017.

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In view of that and for the reasons stated in the aforesaid judgments, we follow the same course and pass the following order:

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a. The Petitioners would be entitled for the benefit of leave encashment of earned leave.

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b. The State Government shall release the benefit of leave encahsment to the Petitioners within a period of four months from today.

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c. On failure to release the amounts within a period of four months from today, the same will carry interest @ 6% from the date of filing of this petition till the payment of requisite amount.

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d. With these observations and directions, the Writ Petition is disposed of.

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(SANDEEP V. MARNE, J)

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(ACTING CHIEF JUSTICE)

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Basavraj

Shashikala Shashkant Patil and Anr. v. State Consumer Dispute Redressal Commission and Ors.

Case brief

What is this about?

What did the court decide?

Shashikala Shashkant Patil and Anr. v. State Consumer Dispute Redressal Commission and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

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