Dr. Sadashivrao Mahadeo Sawant v. State Of Maharashtra And ORS

1 9 WP 1706-2016.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1706 OF 2016.

Dr.Sadashivrao Mahadeo Sawant .. Petitioner Vs State of Maharashtra and others .. Respondents Ms.Vilasini Balasubramanian i/b Mr.Sanjeev Kadam, for the Petitioner.

Mr.P.P.Kakade, Government Pleader a/w Ms.Nisha MehraAdditional Government Pleader, for Respondent -State. CORAM : PRADEEP NANDRAJOG, C.J. & N.M.JAMDAR, J.

Date : 14 June, 2019.

P.C. :

1.

Learned proxy counsel for the Writ Petitioner seeks adjournment on the plea of non-availability of the arguing counsel. In view of the reply filed with proof in support of the assertion in the pleadings it would be useless to defer hearing of the Writ Petition. 2.

Claim in the Writ Petition is to release the unpaid salary of the Petitioner between the months of April till August 2012.

2 9 WP 1706-2016.doc 3.

The reply filed states that working as a lecturer the Petitioner superannuated on 31 March 2014 but as per policy was entitled to service being extended post retirement. This was done. On account of superannuation disbursement of salary was stopped but in view of extension of service salary for six months was paid on account of the tenure of service being extended by two years. It is pleaded that the salary for this period was credited to the account of the Respondents' College which has disbursed the payment to the Petitioner. Proof of the payment tendered to the College has been filed. Further proof has been given that the College instructed its banker : Bank of Maharashtra branch Chiplun District Ratnagiri, to credit the amount to the account of the Petitioner and six other similarly situate employees.

4.

Since the relief prayed in the Petition has been granted by the Respondents we dispose of the Writ Petition as infructuous. N.M.JAMDAR, J.

CHIEF JUSTICE