Sarita Dattatraya Deshpande And Another v. The State Of Maharashtra And Others

2025:BHC-AUG:3595-DB 961.WP.12357.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12357 OF 2017 1.

Mrs. Sarita w/o Dattatraya Deshpande 2.

Dattatraya s/o Devidas Deshpande ...

PETITIONERS

VERSUS

1.

The State of Maharashtra through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai - 32 2.

Shri Tuljabhavani Temple Trust, Tuljapur, District Osmanabad through its Chairman 3.

Shri Tuljabhavani Temple Trust's Shri Tuljabhavani College of Engineering, Tuljapur, District Osmanabad, through its Principal ...

RESPONDENTS ...

Advocate for the Petitioners : Mr. S.R. Barlinge AGP for Respondents: Ms. V.N. Patil Jadhav Advocate for Respondents No.2 and 3 : Mr. Pratap P. Mandlik ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 06.02.2025 PER COURT:

The petitioners who are the teachers, have been claiming gratuity under the Payment of Gratuity Act, 1972 (the Act). 2.

We have heard both the sides.

3.

It is a matter of record now that the issue as regards entitlement of a teacher to claim gratuity under the Act has been put to rest by the subsequent decision of the Supreme Court, as has been admitted in the affidavit-in-reply filed on behalf of respondents No.2 and 3.

1/2

961.WP.12357.17.odt 4.

As respondents No.2 and 3, in the light of the declaration of the Supreme Court, admit the liability, the writ petition is allowed. Respondents No.2 and 3 shall take a fresh decision and process the papers as expeditiously as possible and in any case, within four weeks. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/ 2/2