Anjali Prakash Deshmukh vs the Principal R. M. D and Ors. — Bombay HC (2025) — LawSathi Research

Anjali Prakash Deshmukh vs the Principal R. M. D and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Post-disposal compliance order: the Management to pay the Petitioner the residual amount after any statutory deductions within 10 days; matter stood over to 8th May, 2025 for compliance; the Court recorded that it may contemplate restoration of the Writ Petition if the Management is found not honest in sticking to its statement made in court.

Issue for consideration

Whether the Management (Respondent Nos. 1 and 2) has complied with, or resiled from, its statement made on 6th March, 2025 before this Court to pay the directions of the Grievance Committee of Savitribai Phule Pune University dated 27th July, 2023 along with 6% interest. +2 more

Court's answer

The Court recorded that if it finds the Management has not been honest in sticking to the statement made in court, it may contemplate restoration of the Writ Petition.

Ratio / Principle

The Court took note that the Petitioner has been paid gratuity with interest @ 6% totaling Rs. 1,96,362/-, but the 11 months' outstanding wages directed by the Grievance Committee of the University remain unpaid.

Key takeaways

For compliance with the Management's stated position that statutory deductions, if any, would be deducted and the Petitioner paid the residual amount within 10 days, the Court stood the matter over to 8th May, 2025.ratio¶¶33
The Additional Affidavit filed by the Petitioner dated 27.4.2025 was taken on record.obiter¶¶34

Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Coram: Ravindra V. Ghuge & Ashwin D. Bhobe, JJ. — Writ Petition No. 9072 of 2024, Ms. Anjali Prakash Deshmukh v. The Principal, R.M.D. Sinhagad School of Engineering & Ors., order dated 28th April, 2025 (post-disposal compliance hearing). The Petitioner alleged that the Management resiled from its statement made on 6th March, 2025, when the Court had recorded the Management's undertaking to pay the Grievance Committee of Savitribai Phule Pune University's directions dated 27th July, 2023 along with 6% interest within 10 days, and had disposed of the Writ Petition with compliance to be reported on 28th March, 2025. Status reported: gratuity with 6% interest totaling Rs. 1,96,362/- paid; 11 months' outstanding wages per the Grievance Committee still unpaid. The Petitioner, without prejudice, sought payment at least at the last drawn salary of Rs. 61,489/- (2019), though not in conformity with the 6th or 7th Pay Commission Recommendations. The Management submitted that statutory deductions, if any, would be deducted and the residual amount paid within 10 days. The Court fixed compliance for 8th May, 2025 and recorded that it may contemplate restoration of the Writ Petition if the Management is found not honest in sticking to its statement. The Petitioner's Additional Affidavit dated 27.4.2025 was taken on record.

Digitally signed ARUNASANDEEP by ARUNASANDEEPTALWALKAR 3.WP9072.2024.odt TALWALKAR Date: 2025.04.30 20:10:48 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 9072 OF 2024

Ms. Anjali Prakash Deshmukh … Petitioner. Versus

The Principal, R.M.D. Sinhagad School of Engineering & Ors. … Respondents.

Mr. Vaibhav Kulkarni a/w. Ms. Disha Rathod a/w. Mr. Yash Agarwal, Advocate for the Petitioner.

Mr. Nitin Dhumal, Advocate for Respondent Nos. 1 and 2.

Ms. Anu C. Kaladharan a/w. Ms. Astha Arya h/f. Ms. Anjali N. Helekar, Advocate for Respondent No. 5-AICTE.

Mr. Rajendra Anbhule a/w. Ms. Pooja Pall, Ms. Nisha Ahire, Advocate for Respondent No. 7.

Mr. A.K. Naik, AGP for Respondent Nos. 3, 4 & 6/State.

CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE : 28^th APRIL, 2025

P.C. :

The Respondent Management namely, R.M.D. Sinhagad

School of Engineering, Warje, Pune, according to the Petitioner, has resiled from the statement made on 6^th March, 2025 before this Court.

This Court had recorded in the order dated 6^th March, 2025 as under :

“1. The learned Advocate representing Respondent Nos.1 and 2, submits on instructions that the directions issued by

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the Grievance Committee of Savitribai Phule Pune University dated 27^th July, 2023, along with 6% interest, would be paid to the Petitioner, within a period of 10 days form today.

The learned Advocate for the Petitioner is satisfied since the statement is made by the learned Advocate, on instructions.

In view of the above, this Writ Petition is disposed off.

Let the compliance be reported to the Court on 28^th March, 2025, in this disposed off Petition.”

It is informed that the Petitioner is paid gratuity amount with interest @ 6%, totaling an amount of Rs. 1,96,362/-. However, 11 months outstanding wages as directed by the Grievance Committee of the University has still not been paid. Learned Advocate for the Petitioner submits that without prejudice to his rights, he is praying that the Management may at least pay the outstanding dues as per the last drawn salary when the Petitioner quit the employment in 2019 @ Rs. 61,489/-, though it is not in conformity with the 6 or 7^th Pay Commission Recommendations.

The learned Advocate for the Management submits that if there are any statutory deductions, the same would be deducted and the

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Petitioner would be paid the residual amount within 10 days.

For compliance, stand over to 8^th May, 2025 . We however, record that if we find that the Management has not been honest in sticking to the statement made in the court, we may contemplate restoration of the Writ Petition.

Additional Affidavit filed by the Petitioner dated 27.4.2025 is taken on record.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)

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