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Bombay High CourtWP/3799/2021dismissed

Dr. Mrs. Girija Maheshwari v. Administrator, Anjuman Hami-E-Islam, Nagpur And Another

2021-09-29Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Anil S. Kilor3 pages

1 W.P.No.3799.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3799 OF 2021 Dr. Mrs. Girija Maheshwari, ..VS..

Administrator, Anjuman Hami-E-Islam, Nagpur and Anr., --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri R. K. Maheshwari, Advocate for petitioner. CORAM : SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED : 29.09.2021 1.

Heard Shri Maheshwari, learned counsel for the petitioner.

2.

The petitioner seeks following substantial relief :- (i) Direct the respondent to calculate the back wages as per government Resolution no.RPS2198/77/TE-6 from the date it was made applicable by the Government and then calculate interest as ordered by this Hon'ble Court in Writ Petition no.3089/2004 and then pay the amount which is under arrears till today;

3.

The above referred relief is already granted to the petitioner by learned Single Judge of this Court in Writ

2 W.P.No.3799.2021 Petition No.3089 of 2004, decided on 09.07.2015. The relevant operative portion of the judgment and order reads thus :-

(1) The judgment of the University and College Tribunal dated 16-6-2004 is confirmed.

(2) The amount of back-wages as directed by the College Tribunal shall be paid to the respondent No.1 with 6% interest per annum.

The aforesaid amount shall be paid to the respondent No.1 within a period of four months from today.

(3) The respondent No.1 is permitted to withdraw the amount of Rs.60,000/- with interest accrued thereon that was deposited by the petitioners pursuant to order dated 14-8-2006.

4.

The petitioner has also claimed some more reliefs. But, these reliefs having not been granted by the learned Single Judge, while granting the main relief, cannot be claimed here.

5.

In view of above, this petition is not maintainable, especially when one Court has already granted relief to the petitioner.

3 W.P.No.3799.2021 5.

The Writ Petition stands dismissed. No costs. JUDGE JUDGE Kirtak