Yogesh Madhavrao Patil v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:16167-DB 1 904.WP.7241.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7241 OF 2025 YOGESH MADHAVRAO PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Krishna Pratap Rodge AGP for Respondents: Ms. Neha B. Kamble Advocate for Respondent Nos.3 to 5 : Mr. V.V. Gujar ...

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 24.06.2025 PER COURT:

1.

The Petitioner was suspended on 14.12.2020. He is orally informed that an order of dismissal by way of punishment is passed on 28.05.2025. Copy of the said order is tendered to the Court and supplied to the Petitioner, today. The photostat copy of the said order is taken on record and marked as ' X ' for identification. 2.

The learned Advocate for the Petitioner submits that he is informed by the Petitioner that he has preferred a Criminal Appeal No.418/2020 before this Court, against his conviction. He would await the result of the said appeal. Hence, this Petition may be disposed off.

2 904.WP.7241.25.odt 3.

However, he submits that the suspension allowance has not been paid to the Petitioner from July 2024 till his dismissal dated 28.05.2025.

4.

It is settled law that if an employee is placed under suspension pending disciplinary proceedings, he is entitled to the suspension allowance. There can be no defense to the Zilla Parishad for non-payment of the subsistence allowance.

5.

In view of the above, we direct the Zilla Parishad to calculate the unpaid suspension allowance as per rules and disburse the said amount to the Petitioner, on or before 31.07.2025. No extension of time would be granted.

6.

In view of the above direction and the statement made by the Petitioner, this Petition is disposed off.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) habeeb/