Bombay High Court
Sakhubai W/O Dadaji Tingsule And ... vs State Of Maharashtra, Through ... on 13 April, 2022
Bench: A.S. Chandurkar, Mukulika Shrikant Jawalkar
912caw 487.2022 + 4.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Civil Application (CAW) No. 487/2022
IN
Writ Petition (WP) No. 5355/2019 (D)
Ayubkhan Dildarkhan Pathan and ors. Vs. State of Maharashtra and ors.
WITH
Civil Application (CAW) No. 483/2022
IN
Writ Petition (WP) No. 5354/2019 (D)
Siddharth Yashwant Bambodakar and ors. Vs. State of Maharashtra and ors.
WITH
Civil Application (CAW) No. 485/2022
IN
Writ Petition (WP) No. 5356/2019 (D)
Suresh Yanbayaji Saddamwar and ors. Vs. State of Maharashtra and ors.
WITH
Civil Application (CAW) No. 486/2022
IN
Writ Petition (WP) No. 7567/2019 (D)
Madhuri Anil Dahiwale and ors. Vs. State of Maharashtra and ors.
WITH
Civil Application (CAW) No. 484/2022
IN
Writ Petition (WP) No. 7573/2019 (D)
Sakhubai W/o. Dadaji Tingsule and ors. Vs. State of Maharashtra and ors.
-----------------------------------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order__________________________________________________________
Shri R.R. Dawda, Advocate for the applicants
Shri Neeraj Patil, Assistant Government Pleader for respondent/non-applicant nos.
1 and 2 /State
Ms. Kirti Satpute, Advocate for respondent/non-applicant no. 3
CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, J.J.
DATED : 13/04/2022
Civil Application (CAW) No. 487/2022
Perused the civil application as well as relevant
communications dated 11/12.12.2008 and 03.05.2011. The
operative part of the judgment in Writ Petition No. 5355/2019 in
SMGate
912caw 487.2022 + 4.odt
so for as Clause (ii) is concerned is corrected to read as under:-
(ii) Condition No. 2 of the impugned
communications dated 11/12.12.2008 and Condition
No. 1 of the impugned communications dated
03.05.2011 depriving the petitioners' of the benefit of
service for a period of five years, seniority, promotion,
increments and other service benefits is set aside.
Condition No. 4 of the communication dated
11/12.12.2008 and Condition No. 3 of
communication dated 03.05.2011 to the extent the
petitioners have been deprived of dearness allowance
for a period of five years is set aside. The petitioners
would be entitled to all benefits of the adjudication by
the Industrial Court dated 29.11.1991. The arrears
admissible to the petitioners shall be paid by
respondent no. 1 through respondent no. 3 in three
equal installments within a period of one year from
01.02.2022."
Necessary correction be made in the judgment and corrected
copy be uploaded accordingly. The civil application is disposed of.
Civil Application (CAW) Nos. 483/2022, 484/2022, 485/2022 and
486/2022
Perused the civil applications and communication dated
21.05.2011. The judgment in Writ Petition Nos. 5354/2019,
5356/2019, 7567/2019 and 7573/2019 in so far as Clause No. (ii)
is concerned is corrected to read as under:-
SMGate
912caw 487.2022 + 4.odt
(ii) Condition No. 3 of the communication dated
21/05/2011 depriving the petitioners' of the benefit of
service for a period of five years, seniority, promotion,
increments and other service benefits is set aside.
Condition No. 7 of the communication dated
21/05/2011 to the extent the petitioners have been
deprived of dearness allowance for a period of five
years is set aside. The petitioners would be entitled to
all benefits of the adjudication by the Industrial Court
dated 29.11.1991. The arrears admissible to the
petitioners shall be paid by respondent no. 1 through
respondent no. 3 in three equal installments within a
period of one year from 01.02.2022."
Necessary correction be made in the judgment and corrected
copy be uploaded accordingly. The civil applications are disposed
of.
JUDGE JUDGE
Digitally signed
by SANDIP
SANDIP MAHADEV
MAHADEV GATE
Date:
GATE 2022.04.13
18:29:36 +0530
SMGate
