Dr. Bhaskar R Trivedi v. Balbharati And ORS

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16097 OF 2022 Balbharati and Ors.

.. Petitioners

Versus

The State Of Maharashtra and Ors.

.. Respondents WITH INTERIM APPLICATION NO.9121 OF 2025 IN WRIT PETITION NO.16097 OF 2022 IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1397 OF 2023 Bhaskar R Trivedi .. Petitioner

Versus

Balbharati and Ors.

.. Respondents ....................

 Ms. Priti Rao, Advocate i/by Ashok Saraogi for Petitioners in Writ Petition No.16097 of 2022 and Respondents in Writ Petition No.1397 of 2023.

 Mr. Y. D. Patil, AGP for Respondent in Writ Petition No.16097 of 2022.

 Mr. C. R. Sadasivan, Advocate for Respondent No.2 in Writ Petition No.16097 of 2022 and Applicant in Interim Application.  Ms. Jyoti Chavan, Addl. GP appearing through Video Conferencing for Respondent No.14 in Writ Petition No.1397 of 2023. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JULY 23, 2025 P.C.

:

1.

Heard Ms. Rao, learned Advocate for Petitioners in Writ Petition No.16097 of 2022 and Respondents in Writ Petition No.1397 of 2023; Mr. Patil, learned AGP for Respondent in Writ Petition

No.16097 of 2022; Mr. Sadasivan, learned Advocate for Respondent No.2 in Writ Petition No.16097 of 2022 and Applicant in Interim Application and Ms. Chavan, learned Addl. GP appearing through Video Conferencing for Respondent No.14 in Writ Petition No.1397 of 2023.

2.

Mr. Sadasivan would inform the Court that he has filed Interim Application No.9121 of 2025 seeking a direction to Respondent Nos.1 to 3 to submit a proposal regarding his retirement dues to the Competent Authority namely the Joint Director of Higher Education, Mumbai.

3.

Mr. Saraogi appears for Petitioner namely Balbharati Trust. According to Mr. Sadasivan, the Trust is required to send a proposal to the Competent Authority which they have not sent. 4.

Mr. Saraogi was present in the Court in the morning session before me but I am informed that since he was feeling unwell he has left the Court. Ms. Rao informs the Court that one week time be granted to enable the Petitioner to file an appropriate reply to the Interim Application.

5.

Petitioners are directed by this Court to inform the specific reason as to whether there is any hindrance in sending the proposal to the Competent Authority to enable the Court to consider the Interim Application.

6.

Apart from the Interim Application, there are two cross Petitions filed before me. Writ Petition No.16097 of 2022 is filed by the Trust challenging the entirety of order passed by the Tribunal whereas Writ Petition No.1397 of 2023 is filed by the employee challenging it only to the extent of non-grant of backwages. 7.

Mr. Sadasivan informs the Court that with respect to retirement benefits, the Trust had given an undertaking before this Court that they shall forward the proposal. That undertaking is recorded in the order dated 16.07.2024. The said order dated 16.07.2024 is appended at page No.14 of the Interim Application. 8.

The only grievance expressed by Mr. Sadasivan today is that the Petitioners have not processed the pension papers and forwarded the same to the Competent Authority.

9.

Learned Advocate for Petitioners is directed to file appropriate Affidavit-in-Reply and explain the reason as to why the same has not been complied with.

10.

Stand over to 30th July, 2025.

H. H. SAWANT [ MILIND N. JADHAV, J. ]