Shivaji Rambhau Vanjari v. The Maha. State Co-Op. Adivashi Vikas Mahamandal Maryadit Thr. Auth. Sagar Balasaheb Sonawane

k 1/2 35 rpw 44.24 in wp as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION REVIEW PETITION NO.44 OF 2024 IN WRIT PETITION NO.2569 OF 2023 Shivaji Rambhau Vanjari ....Petitioner V/S The Maharashtra State Co-operative Adivashi Vikas Mahamandal Maryadit ....Respondent _________ Ms. Gauri Jadhav for the Petitioner.

Mr. Shailendra Kulkarni for Respondent.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 20 FEBRUARY 2025.

P.C.:

1.

The Petitioner has filed the present Petition seeking review of the judgment and order dated 10 October 2023. It is sought to be urged that the pay of the Petitioner was erroneously reduced on 4 August 2012 to Rs.16,660/- after his retirement. I have already observed that Petitioner will have to adopt necessary remedy about his grievance relating to reduction of his pay fixation. That enquiry is impermissible in the proceedings filed under Payment of Gratuity Act. I therefore do not find that there is any error apparent on face of record in the judgment under review. If the Petitioner believes that the order of reduction of pay fixation passed on 4 August 2012 is illegal, he will have to katkam Page No.

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k 2/2 35 rpw 44.24 in wp as.doc adopt necessary steps in that regard as and when his pay is restored to Rs.17,950/-, he would be at liberty to raise a claim for higher amount of gratuity corresponding to the basic pay of Rs.17,950/-.

2.

With the above observations, the Review Petition is rejected.

(SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2025.02.24 14:12:49 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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