Urmila Bhimji Maru v. State Of Maharashtra Through The Secretary

by ARUNA SANDEEP TALWALKAR Date:

2025.05.02 10:43:19 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5317 OF 2024 Urmila Bhimji Maru.

... Petitioner.

Versus

State of Maharashtra & Ors..

... Respondents.

**** Mr. Ramesh Ramamurthy, a/w. Mr. Saikumar Ramamurthy, Ms. Seema Sorte, Advocate for the Petitioner.

Ms. Jaymala Ostwal, Addl. G.P. for Respondent/State. Mr. Ravindra R. Shetty, Senior Advocate a/w. Mr. Huzefa Khokhawala, Ms. Divya Ravindra Shetty i/b. M/s. Nankani & Associates for Respondent Nos. 3 and 4.

**** CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

28th APRIL, 2025 P.C. :

1.

Considering Sections 79, 80 and 81 of the Maharashtra Public Universities Act, the learned Advocate for the Petitioner submits that she would approach the University and College Tribunal with regard to prayer clause (a) set out in this Petition. He, therefore, seeks liberty to delete prayer clause (a), (c), (d) and (f), without prejudice to the rights of the Petitioner to avail of a remedy as is permissible in law. Deletion be carried out within 10 days.

2.

Issue notice to the Respondents on prayer clause (b), returnable on 25th June, 2025. Learned Addl. G.P. waives service of notice on behalf of Respondent No. 1. Learned Senior Advocate Mr. Ravindra Shetty waives service of notice on behalf of Respondent Nos. 3 and 4.

3.

As an interim measure, without prejudice to the rights of the Management, the learned Advocate for the Management makes a statement on instructions from an Officer present in the court that the residual salary of the Petitioner (difference of the suspension paid from the date of suspension), would be deposited in this Court until further orders. Her pension papers would also be forwarded for seeking provisional pension by filling up the necessary applications/forms by either sides, without prejudice to the rights of the Management who has challenged the order of the Tribunal by filing a Writ Petition. 4.

In view of the above statement, the remainder amount from the date of suspension onwards till 31.5.2025, would be deposited by the Respondent Management in this Court, on or before 10th June, 2025. In the interregnum, Pension papers for grant of provisional pension would also be filled in by both the sides without escalating the said issue and

without prejudice to the rights of the Management. 5.

Let affidavit in reply be filed on or before 12th June, 2025. 6.

The deposited amount would be permitted to be withdrawn by the Petitioner with an affidavit undertaking that if in the eventuality it is concluded that the suspension was legal and proper, the residual amount will have to be redeposited in the court. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)