Bharati Yashwant Salve vs Maharashtra Police Academy Thro. Director — Bombay HC (2025) — LawSathi Research

Bharati Yashwant Salve vs Maharashtra Police Academy Thro. Director — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed in terms of prayer clauses (A) and (B); the Registry directed to disburse Rs. 7,09,000/- along with accrued interest into the applicant's bank account within two weeks from the date of the order, subject to the pending proceedings before the Hon'ble Supreme Court.

Issue for consideration

Whether the applicant (original respondent) should be permitted to withdraw the amount of Rs. 7,09,000/- deposited in this Court by the original petitioner with accrued interest, notwithstanding the pending Special Leave Petition (Civil) No. 33554 of 2025 before the Supreme Court, in which only notice has been issued and no interim relief granted.

Ratio / Principle

When three Courts, i.e. the Labour Court, the Industrial Court and this Court, have concurrently held in favour of the applicant, with the reliefs of reinstatement, continuity of service and backwages confirmed, and no interim relief has been granted by the Hon'ble Supreme Court in the pending Special Leave Petition, there can be no impediment in allowing the application.

Key takeaways

Taking into account the applicant's specifically stated circumstances — that her husband is suffering from cancer, that immediate financial relief is necessary, and that she is the breadwinner for the family — the Court was inclined to allow the application.ratio¶30
Disbursal of the said amount to the applicant is expressly made subject to the pending proceedings before the Hon'ble Supreme Court.ratio¶33

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Manish Pitale, J., 5 December 2025 — Interim Application No. 13817 of 2025 in disposed Writ Petition No. 9690 of 2025: Bharati Yashwant Salve, applicant (original respondent), sought withdrawal of Rs. 7,09,000/- deposited in Court by Maharashtra Police Academy (through Director), the original petitioner, towards backwages directed by the Labour Court and the Industrial Court. The writ petition had been dismissed on 15 October 2025 (corrected 12 November 2025), bringing the Labour Court and Industrial Court orders in the applicant's favour (reinstatement with continuity of service and backwages) into effect, but the applicant remained unrestored to employment. The Academy had filed Special Leave Petition (Civil) No. 33554 of 2025 before the Supreme Court — pending, with only notice issued, no interim relief granted, and listing fixed for 6 January 2026 — on which basis it opposed the withdrawal. Holding that the concurrent verdicts of the Labour Court, the Industrial Court and this Court, coupled with the absence of any interim relief from the Supreme Court, left no impediment, and noting the applicant's stated hardship (husband suffering from cancer; sole breadwinner requiring immediate financial relief), the Court allowed the application in terms of prayer clauses (A) and (B), directing the Registry to disburse Rs. 7,09,000/- with accrued interest to the applicant's bank account within two weeks, expressly subject to the pending Supreme Court proceedings.

bipin prithiani

1

903-ia-13817.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 13817 OF 2025 IN

WRIT PETITION NO. 9690 OF 2025

Bharati Yashwant Salve Versus

… Applicant

Maharashtra Police Academy … through Director Respondent

Digitally signed BIPINDHARMENDERPRITHIANI by BIPINDHARMENDERPRITHIANIDate: 2025.12.05 14:49:02 +0530

Mr. B. K. Barve a/w Mr. Sandeep Barve i/by B. K. Barve & Co. for the Applicant.

Mr. Avinash Jalisatgi a/w Adv. T. R. Yadav and Adv. Mulanshu Vora for Respondent.

CORAM : MANISH PITALE, J. DATE : 5^th DECEMBER 2025

P.C. :

. By this application filed in a disposed of writ petition, the applicant (original respondent) is seeking permission to withdraw amount of Rs.7,09,000/- deposited in this Court by the original petitioner, with accrued interest.

The learned counsel for the applicant submits that by judgment and order dated 15^th October 2025, as subsequently corrected on 12^th November 2025, the writ petition filed by the original petitioner was dismissed. As a consequence, orders passed by the Labour Court and the Industrial Court in favour of the applicant, have come into effect.

bipin prithiani

2

903-ia-13817.25.doc

It is submitted that the aforesaid amount was deposited by the original petitioner towards backwages, as directed by the aforesaid Courts.

It is submitted that although, the original petitioner has filed Special Leave Petition (Civil) No. 33554 of 2025, before the Hon’ble Supreme Court, which is pending, only notice has been issued in the said petition and no interim relief has been granted.

It is emphasized that although, the aforesaid Courts had directed reinstatement of the applicant with continuity of service and backwages, till date, the applicant has not been reinstated by the original petitioner.

The learned counsel for the original petitioner opposed the prayer made in the present application, on the ground that the Special Leave Petition is to be listed before the Hon’ble Supreme Court on 6^th January 2026. It is submitted that in such circumstances, permission to withdraw the amount ought not to be granted.

This Court is of the opinion that when three Courts i.e. the Labour Court, Industrial Court and this Court have concurrently held in favour of the applicant and the reliefs of reinstatement, continuity of service and backwages have been confirmed and no interim relief has been granted by the Hon’ble Supreme Court in the pending Special Leave Petition, there can be no impediment in allowing the present application.

bipin prithiani

3

903-ia-13817.25.doc

It is to be noted that the applicant has specifically stated that her husband is suffering from cancer and that immediate financial relief is necessary, as she is the breadwinner for the family. In such circumstances, this Court is inclined to allow the application.

In view of the above, the application is allowed in terms of prayer clauses (A) and (B).

Accordingly, the Registry shall disburse the amount of Rs.7,09,000/- along with accrued interest in the bank account of the applicant, within a period of two weeks from today.

Needless to say, the disbursal of the said amount will be subject to the pending proceedings before the Hon’ble Supreme Court.

MANISH PITALE, J.