Zeal Education Society v. Ravindra Mohanrao Gadge, And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12253 OF 2024 IN WRIT PETITION NO.11664 OF 2024 Zeal Education Society .... Applicant V/s.

Ravindr Mohanrao Gadge & Anr.

.... Respondents ---- Mr.Sugandh B. Deshmukh a/w Ms.Karishma Shinde and Mr.Vaibhav Thorave, for the Applicant.

---- CORAM : R.M. JOSHI, J.

by NILAM SANTOSH KAMBLE Date: 2024.09.03 10:08:51 +0530 NILAM SANTOSH KAMBLE DATE : 02nd SEPTEMBER 2024 P.C:- INTERIM APPLICATION NO.12253 OF 2024 .

This Application is filed to bring legal heirs of deceased Respondent on record, who has died after impugned order came to be passed. In the facts and circumstances of the case, the Application stands allowed.

2.

Amendment to be carried out forthwith.

3.

Issue notice to the Respondents.

N.S. Kamble page 1 of 3

WRIT PETITION NO.11664 OF 2024 Heard.

5.

The learned counsel for the Petitioner submits that the University Grievance Committee without recording any findings that the Respondent is entitled for the wages and benefits of the Post of Associate Professor has passed impugned order. He drew attention of the Court to the impugned order to contended that there is absolutely no reason recorded for issuing direction to that effect.

6.

It is his further contention that, the said Authority has also not taken into account the issue of bar created for claiming the benefits for more than 3 years as held by the Hon'ble Supreme Court in the case of Rushibhai Jagdishbhai Pathak V/s. Bhavnagar Municipal Corporation1. 7.

Prima facie this Court finds substance in the contention of the Petitioner that, order is unseasoned and also it being contrary to the judgment of the Hon'ble Supreme Court. As such arguable case is made out by the Petitioner for stay to the 2022 SCC Online SC 641 N.S. Kamble page 2 of 3

impugned order till returnable date. Hence, issue notice to the Respondents, returnable on 1st October 2024.

8.

Interim relief, granted earlier, to continue till next date.

(R.M. JOSHI, J.) N.S. Kamble page 3 of 3