Bombay High CourtIA/2273/2021disposed off

Ganpat Laxman Lavate Through Lhrs Smt. Usha Ganpat Lavate v. The Chief Secretary, Ministry Of School Education And Sports Dept And ORS

2021-09-30Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Abhay Ahuja2 pages

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10. IA 2273-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11133 OF 2013 RAJESH VASANT CHITTEWAN Date: 2021.10.04 12:34:03 +0530 RAJESH VASANT CHITTEWAN WITH INTERIM APPLICATION NO.2273 OF 2021 Ganpat Laxman Lavate ...

Petitioner (since deceased) through L Rs.

Smt. Usha Ganpat Lavate And Others ...

Applicants

Versus

The Chief Secretary, Ministry of School Education And Sports Department, Mantralaya, Mumbai And Others ...

Respondents .....

Mr. I.M. Khairdi, for the Petitioner/Applicants. Mr. N.K. Rajpurohit, APG for Respondent Nos.1 to 3 and 6. Mr. Sandeep S. Salunkhe, for Respondent Nos.4 and 5-Management. Mr. Gopal Tungar, Jt. Secretary, School Education, Mantalaya, present in Court.

.....

CORAM : R.D. DHANUKA AND ABHAY AHUJA, JJ.

DATE : 30 SEPTEMBER 2021

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10. IA 2273-21.doc P. C. :

Mr. N.K. Rajpurohit, AGP for Respondent Nos.1, 3 and 6 tenders a letter dated 30 September 2021 issued by Deputy Secretary, Education and Sports Department, Mantralaya, Mumbai to the Government Pleader to declare the post as superannuation with sanction of the High Power Committee. He seeks eight weeks' time to comply with the order and release salary and consequential benefits in favour of the Petitioner. However, considering the facts and circumstances of the case, we are unable to grant eight weeks time to comply with the said order by the State Government and accordingly, we direct the State Government to comply with the said order within four weeks from today. The State Government to release salary and consequential benefits as mentioned in the said order within four weeks from today without fail.

It is made clear that the amount will be disbursed by the State Government in the name of Applicant No.1A Usha Ganpat Lavate, on behalf of all the Applicants.

The Writ Petition and the Interim Application are disposed of in the aforesaid terms. No order as to costs. Parties to act on the authenticated copy of this order.

(ABHAY AHUJA, J.) (R.D. DHANUKA, J.)