Sangeeta Gurudas Haidankar v. The State Of Maharashtra Throu. Sec. Dept Of Higher And Technical Education And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 19118 OF 2024 Sangeeta Gurudas Haldankar
...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Ajit Kenjale a/w Mr. Sai R. Kadam, Mr. Azharuddin Khan, Advocate for the Petitioner.
Mr. V.G. Badgujar, AGP for Respondent No.1/State. Adv. Mital Dave a/w Ms. Prajakta Shinde i/by Ms. Disha Vardhan, Advocate for Respondent Nos.2 & 3/University. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 2nd APRIL, 2025 by SUNNY ANKUSHRAO THOTE Date:
2025.04.03 10:10:07 +0530 SUNNY ANKUSHRAO THOTE P.C. :- 1.
The learned Advocate representing the SNDT Women's University Nathibai Thackersey Road, Churchgate, Mumbai has appeared to represent the University.
2.
An innocuous prayer is made by the Petitioner before us. She had moved an Application on 7th May, 2012, seeking benefits of the 6th Pay commission recommendations. The Registrar of the University tendered a note to the Vice Chancellor on 14th
May, 2012, which is before us at Page Nos.39 to 42, wherein the Vice Chancellor was apprised that the Petitioner was eligible for, (a) the arrears set out in Paragraph No.2 of the said note, (b) HRA arrears as set out in Paragraph No.3 of the note and (c) the 6th Pay commission arrears from 15th November, 2011 onwards. 3.
The Registrar then intimated the Petitioner, vide a communication dated 3rd September, 2012 that her request was being favourably looked into. Thereafter, the Hostel In-charge has written to the Finance and Account Department, SNDT Women's University, Mumbai on 15th February, 2023, conveying the 'due n Drawn Statement' of the Petitioner for the period July-2012 to February-2023, while preparing the retirement file of the Petitioner. She has superannuated on 28th February, 2023. 4.
The issue, therefore, is that though the Authorities of the University agreed with the request made by the Petitioner vide the representation dated 7th May, 2012, she is yet to receive her benefits for the last 13 years. Her hardships are multiplied by the fact that she was not paid the salary after the 7th Pay commission recommendations became applicable.
5.
In view of the above, this Writ Petition is disposed off with the following directions :- (a) The Vice Chancellor shall pass an appropriate reasoned order on the claim of the Petitioner as set out in the representation dated 7th May, 2012, considering the various reports of the Officers of the University, within a period of 45 days from today.
(b) The Petitioner shall tender to the Vice Chancellor, a representation setting forth the calculations as per the 7th Pay commission recommendation, within a period of 15 days from today.
(c) After receipt of the said representation, the Vice Chancellor shall refer to the records available and pass an appropriate order within a period of 45 days from today. (d) The last drawn salary of the Petitioner shall be reworked in the light of her right to the 7th Pay commission recommendations, within a period of 30 days of the decision of the University as mentioned above.
(e) All arrears insofar as all retirement benefits are concerned, would, therefore, be calculated on the basis of the last drawn
salary, and the same shall be paid to the Petitioner without further delay.
(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)