Semanti Bose v. State Of Maharashtra Th Its Secretary For Women And Child Development

by LAXMIKANT GOPAL CHANDAN Date: 2024.05.21 17:01:00 +0530 LAXMIKANT GOPAL CHANDAN 1 (4) WP-2273.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2273 OF 2024 Dr. Semanti Bose : Petitioner.

Vs.

State of Maharashtra Through its Secretary for Women and Child Development & ors.

: Respondents ----- Mr. Swaraj Jadhav with Ms. Arati Ranade i/by Ms. Veena Gowda for the Petitioner. Mr. Vishal Thadani, Addl. GP for Respondent No.1-State. Mr. Prashant Kamble with Mr. Kunal Waghmare i/by Mr. Sunil Sonawane for Respondent Nos. 2 to 4 - MCGM.

Dr. Sanjay Patil, MS, Bhabha Hospital, present. ----- CORAM :

ARIF S. DOCTOR, & SOMASEKHAR SUNDARESAN, JJ.

st MAY 2024 DATE :

[Vacation Court] P.C. :

1.

The challenge in the present Petition is to a communication dated 3 rd April 2023 addressed to the Petitioner by the Deputy Superintendent i.e. Respondent No.4.

2 (4) WP-2273.24.doc 2.

Mr. Kamble, Learned Counsel appearing on behalf of Respondent Nos. 2 to 4 has today tendered an Affidavit in Reply. Mr. Jadhav, Learned Counsel appearing on behalf of the Petitioner seeks time to file a Rejoinder. However, he submits that, given that the stand taken by the Respondents is that the Petitioner is only entitled to a leave of seven days and her services on this ground be terminated, if she does not resume her duties.

3.

Learned counsel for Respondent Nos. 2 to 4 submits that till this Petition is heard by the Regular Bench, no precipitative steps shall be taken by the Respondents in so far as termination of services of the Petitioner is concerned. 4.

Learned counsel for the Petitioner also submits that the Petitioner is entitled to her salary and and the same may be released. 5.

We make it clear that all entitlements of the Petitioner, if due in accordance with law, shall be paid over to the Petitioner, and pendency of this Petition shall not come in the way.

6.

The Petitioner is at liberty to file a Rejoinder to the Affidavit filed today

3 (4) WP-2273.24.doc within a period of two weeks from today.

th June 2024.

7.

Stand over to 12 (SOMASEKHAR SUNDARESAN, J.) (ARIF S. DOCTOR, J.)