Shreemati Nathibai Damodar Thakarsey Womens University Thr. Vice Chancellor And ORS v. Samita Govind Takale And ANR

Osk 6-C-Rpw-20-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO. 20 OF 2022 IN CIVIL WRIT PETITION NO. 10645 OF 2019 Shreemati Nathibai Damodar Thakarsey Women's University & Ors.

... Petitioners V/s.

Miss. Aruna Manohar Dhanavade & Anr.

... Respondents WITH REVIEW PETITION NO. 21 OF 2022 IN CIVIL WRIT PETITION NO. 10737 OF 2019 Shreemati Nathibai Damodar Thakarsey Women's University & Ors.

... Petitioners V/s.

Smita Govind Takale & Anr.

... Respondents Ms. Anjali Neel Helekar for Petitioners.

Mr. S.P. Chavan for Respondent No.1.

Ms. V.S. Nimbalkar, A.G.P. for Respondent No.2. CORAM : A.S. GADKARI, J.

DATE : 23rd March 2022.

P.C. :

1.

Heard learned counsel for the Petitioners at length and the learned counsel for Respondent No.1 and the learned A.G.P. for Respondent No.2 (State).

2.

The present Review Petitions are filed for review of the Common Order dated 1st February 2022 passed in aforestated Writ Petitions. In para 1/2

Osk 6-C-Rpw-20-2022.odt No.5 of the said Order, the Petitioners Management have been directed to deposit the back wages of the Respondent No.1 in this Court as granted to them with effect from 28/04/2017 till 28/02/2022 and from 04/05/2017 till 28/02/2022 respectively, on or before 15/03/2022. 3.

Learned counsel for Review Petitioners submitted that, the Petitioners Management being an aided institution is ready and willing to deposit amount calculated on the basis of the last drawn salary of Respondent No.1 on CHB and Part time basis for the period mentioned in the order, however they are unable to deposit the entire amount. 4.

The grounds which are not germane for deciding these Review Petitions were argued across the bar. Perusal of Order dated 1st February 2022 would clearly indicate that, it is a speaking Order passed after hearing the learned counsel for the Petitioners and after taking into consideration various aspects of the matter including balancing the equities while granting interim protection to the Petitioners.

No case for review of Common Order dated 1st February 2022 is made out.

5.

Both the Review Petitions are accordingly dismissed. [A.S. GADKARI, J.] This Order is modified/corrected by Speaking to Minutes Order dated 30/03/2022. by OMKAR SHIVAHAR KUMBHAKARN Date: 2022.04.08 14:14:48 +0530 2/2 OMKAR SHIVAHAR KUMBHAKARN