Bombay High CourtCAW/740/2015admittedallwdgrantedrule absolute

The Principal, Ayurvedic College, Shri Ayurved Mahavidyalaya And Hospital, Nagpur And Anothers v. Suresh S/O Shrikisan Khandelwal And 3 Others

2015-09-02Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh3 pages

1 0209caw735.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO. 735 OF 2015 IN WRIT PETITION NO. 4172 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Uttam Ukandrao Moharle and ors. CIVIL APPLICATION (CAW) NO. 750 OF 2015 IN WRIT PETITION NO. 4191 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Haribhau s/o Ramji Maske and ors. CIVIL APPLICATION (CAW) NO. 749 OF 2015 IN WRIT PETITION NO. 4190 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Sheshrao Shamrao Thakre and Ors. CIVIL APPLICATION (CAW) NO. 748 OF 2015 IN WRIT PETITION NO. 4189 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Uttam Shridhar Kandalkar and ors. CIVIL APPLICATION (CAW) NO. 747 OF 2015 IN WRIT PETITION NO. 4188 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Smt.Anuradha Sadashiv Metangale & ors.

CIVIL APPLICATION (CAW) NO. 746 OF 2015 IN WRIT PETITION NO. 4183 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Vidyadhar Anand Mahajan. CIVIL APPLICATION (CAW) NO. 745 OF 2015 IN WRIT PETITION NO. 4182 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Radhakishan Navalkishor Bhoyare& ors CIVIL APPLICATION (CAW) NO. 744 OF 2015 IN WRIT PETITION NO. 4181 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Ashok Lohakare thr.legal heirs & ors. CIVIL APPLICATION (CAW) NO. 743 OF 2015 IN WRIT PETITION NO. 4180 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Prabhakar Gopalrao Dhanorkar & ors. CIVIL APPLICATION (CAW) NO. 742 OF 2015 IN WRIT PETITION NO. 4179 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Sahebrao Laxmanrao Ingole and ors.

CIVIL APPLICATION (CAW) NO. 741 OF 2015 IN WRIT PETITION NO. 4178 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Lalchand Hajanlal Jaiswal and ors. CIVIL APPLICATION (CAW) NO. 740 OF 2015 IN WRIT PETITION NO. 4177 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Suresh Shrikisan Khandelweal and ors. CIVIL APPLICATION (CAW) NO. 739 OF 2015 IN WRIT PETITION NO. 4176 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Shrikant Ramswaroop Dwivedi and ors. CIVIL APPLICATION (CAW) NO. 738 OF 2015 IN WRIT PETITION NO. 4175 OF 2014.

2 0209caw735.15.odt The Principal, Aurvedic College, Nagpur and anr. vs.. Sunanda M.Yamgantiwar and anr. CIVIL APPLICATION (CAW) NO. 737 OF 2015 IN WRIT PETITION NO. 4174 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Mohanlal Mungalal Lilade and ors. CIVIL APPLICATION (CAW) NO. 736 OF 2015 IN WRIT PETITION NO. 4173 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Dr.Manohar Manikrao Jumale and ors. CIVIL APPLICATION (CAW) NO. 730 OF 2015 IN WRIT PETITION NO. 5741 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Prakash Sadashivrao Ballal and ors. CIVIL APPLICATION (CAW) NO. 731 OF 2015 IN WRIT PETITION NO. 5742 OF 2014. The Principal, Aurvedic College, Nagpur and anr. vs.. Shri Subhash Manikrao Mhatre and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.P.C.Maparkwar, Adv. for the applicants/petitioners. Mr.J.Y.Ghurde, Adv. for applicants/petitioners in CAW No.731/2015 in W.P.No.5742/2014 and in CAW No. 730/2015 in WP No.5741/2014.

Mr.Y.P.Kaslikar, Adv. for respondent no.1 in CAW No.731/2015 in W.P.No.5742/2014 and in CAW No. 730/2015 in WP No.5741/2014.

Mr.A..Pallikundewar, Adv. for respondent no.1 in remaining petitions.

Mrs.M.N.Hiwase, AGP for respondent no.2 in CAW No.731/2015 in W.P.No.5742/2014 and in CAW No. 730/2015 in WP No.5741/2014.

Ms.M.N.Hiwase, AGP for resp.2 to 4 in remaining petitions.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : SEPTEMBER 02, 2015.

Two Managements have filed these eighteen petitions assailing orders passed by competent Authority and Appellate Authority under Section 7 of Payment of Gratuity Act with additional challenges containing that payment of gratuity to retired employees is the responsibility of State Government. Petitions are yet to be admitted. Learned Assistant Government Pleader is seeking time of

3 0209caw735.15.odt two weeks to file reply in the Writ Petitions. Advocate Marpakwar and Advocate Ghurde appearing for respective petitioners state that various civil applications have been taken up to bring on record the subsequent decision of the State Government on this aspect, as that decision has got bearing on controversy to be resolved.

Advocate Pallikundewar and Advocate Rahul Kukde for respective employees in the petitions have no objection if amendments are allowed as subsequent events are sought to be brought on record. In this situation, we allow the applications. Necessary amendment to be carried out within two weeks. Liberty to State Government to file their reply/additional reply within further period of two weeks thereafter. List all these writ petitions for further consideration on 12th of October, 2015.

JUDGE JUDGE Chute.