Disposed¶13

Ayubkhan S/O. Dildarkhan Pathan and Others v. State of Maharashtra, Thr. Secretary, Urban Development Department, Mumbai and Others

Bombay HC11 Feb 2025WP/867/2024

Case brief

AI extract

What is this about?

Gratuity and leave encashment; undisputed entitlement; deduction of amounts already paid; payment within four months; disposal of petitions; Municipal Council, Mul; State of Maharashtra Urban Development Department; Bombay High Court Nagpur Bench; Writ Petition Nos. 2142/2024, 2668/2024 and 867/2024; Gharote and Mantri, JJ.; R.R. Dawda for petitioners; N.R. Patil AGP; D.M. Kale for respondent No.3.

What did the court decide?

Respondent No.3 (Municipal Council, Mul) directed to calculate the gratuity and leave encashment payable to the petitioners after deducting the amounts already paid to them on those counts, and to make payment within four months from the date of the order. ¶13

Ayubkhan S/O. Dildarkhan Pathan and Others vs State of Maharashtra, Thr. Secretary, Urban Development Department, Mumbai and Others — Bombay HC (2025) — LawSathi Research

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23-wp2142.24.odt 1/2

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

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WRIT PETITION No.2142 OF 2024

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(Shama Kuksu Gedam and others Vs. State of Maharashtra, through its Secretary, Urban Development Department, Mumbai and others)

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WRIT PETITION No.2668 OF 2024

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(Sanjay Sukhlal Mogre and another Vs. State of Maharashtra, through its Secretary, Urban Development Department, Mumbai and others)

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WRIT PETITION No.867 OF 2024

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(Ayubkhan s/o. Dildarkhan Pathan and others Vs. State of Maharashtra, through its Secretary, Urban Development Department, Mumbai and others)

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Office Notes, Office Memorandum of Coram,__________________________________________________________________________ appearances, Court's orders of direction, Court's or Judge's orders. And Registrar's Orders.

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Mr. R.R. Dawda, Advocate for petitioners. Mr. N.R. Patil, AGP for respondent Nos.1 and 2. Mr. D.M. Kale, Advocate for respondent No.3.

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Coram : Avinash G. Gharote and Abhay J. Mantri, JJ. Date : 11th February , 2025.

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Mr. D.M. Kale, learned counsel for respondent No.3/Municipal Council, Mul does not dispute the entitlement of all the petitioners in these petitions for gratuity and leave encashment. He, however, submits that certain amounts have been paid to the petitioners, which shall be taken into consideration and accounted for while calculating the final amount to be paid to these petitioners on the above count. He also seeks six months’ time for making such payment on account of there being other similarly situated employees, who will also have to be taken into consideration.

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In view of the above undisputed position, we dispose of all these petitions, by directing the respondent No.3 to calculate the amount of gratuity and leave encashment payable to the petitioners, by deducting the amounts already paid to them

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on these counts and make payment to the petitioners within a period of four months from today.

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(Abhay J. Mantri, J.) (Avinash G. Gharote, J.)

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Wadode

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Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 12/02/2025 14:36:56

Ayubkhan S/O. Dildarkhan Pathan and Others v. State of Maharashtra, Thr. Secretary, Urban Development Department, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Ayubkhan S/O. Dildarkhan Pathan and Others v. State of Maharashtra, Thr. Secretary, Urban Development Department, Mumbai and Others

Case brief

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What did the court decide?

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