Bharati Yashwant Salve v. Maharashtra Police Academy Thro. Director
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13817 OF 2025 IN WRIT PETITION NO. 9690 OF 2025 Bharati Yashwant Salve ...
Applicant
Versus
Maharashtra Police Academy through Director ...
Respondent by BIPIN DHARMENDER PRITHIANI Date: 2025.12.05 14:49:02 +0530 ****** Mr. B. K. Barve a/w Mr. Sandeep Barve i/by B. K. Barve & Co. for the Applicant.
Mr. Avinash Jalisatgi a/w Adv. T. R. Yadav and Adv. Mulanshu Vora for Respondent.
BIPIN DHARMENDER PRITHIANI ****** CORAM : MANISH PITALE, J.
DATE : 5th DECEMBER 2025 P.C. :
.
By this application filed in a disposed of writ petition, the applicant (original respondent) is seeking permission to withdraw amount of Rs.7,09,000/- deposited in this Court by the original petitioner, with accrued interest.
2.
The learned counsel for the applicant submits that by judgment and order dated 15th October 2025, as subsequently corrected on 12th November 2025, the writ petition filed by the original petitioner was dismissed. As a consequence, orders passed by the Labour Court and the Industrial Court in favour of the applicant, have come into effect.
3.
It is submitted that the aforesaid amount was deposited by the original petitioner towards backwages, as directed by the aforesaid Courts.
4.
It is submitted that although, the original petitioner has filed Special Leave Petition (Civil) No. 33554 of 2025, before the Hon'ble Supreme Court, which is pending, only notice has been issued in the said petition and no interim relief has been granted. 5.
It is emphasized that although, the aforesaid Courts had directed reinstatement of the applicant with continuity of service and backwages, till date, the applicant has not been reinstated by the original petitioner.
6.
The learned counsel for the original petitioner opposed the prayer made in the present application, on the ground that the Special Leave Petition is to be listed before the Hon'ble Supreme Court on 6th January 2026. It is submitted that in such circumstances, permission to withdraw the amount ought not to be granted.
7.
This Court is of the opinion that when three Courts i.e. the Labour Court, Industrial Court and this Court have concurrently held in favour of the applicant and the reliefs of reinstatement, continuity of service and backwages have been confirmed and no interim relief has been granted by the Hon'ble Supreme Court in the pending Special Leave Petition, there can be no impediment in allowing the present application.
8.
It is to be noted that the applicant has specifically stated that her husband is suffering from cancer and that immediate financial relief is necessary, as she is the breadwinner for the family. In such circumstances, this Court is inclined to allow the application. 9.
In view of the above, the application is allowed in terms of prayer clauses (A) and (B).
10.
Accordingly, the Registry shall disburse the amount of Rs.7,09,000/- along with accrued interest in the bank account of the applicant, within a period of two weeks from today. 11.
Needless to say, the disbursal of the said amount will be subject to the pending proceedings before the Hon'ble Supreme Court.
MANISH PITALE, J.