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2025 DAILYLAW 30521 (BOM)

SARITA DATTATRAYA DESHPANDE AND ANOTHER v. THE STATE OF MAHARASHTRA AND OTHERS

WP/12357/2017 · 2025-02-06

Shri Mangesh S Patil, Shri Prafulla S Khubalkar

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Judgment text

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961.WP.12357.17.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.12357 OF 2017 1. Mrs. Sarita w/o Dattatraya Deshpande 2. Dattatraya s/o Devidas Deshpande … PETITIONERS VERSUS 1. The State of Maharashtra through its Secretary, Higher and Technical Education Department, Mantralaya, Mumbai – 32 2. Shri Tuljabhavani Temple Trust, Tuljapur, District Osmanabad through its Chairman 3. Shri Tuljabhavani Temple Trust’s Shri Tuljabhavani College of Engineering, Tuljapur, District Osmanabad, through its Principal … RESPONDENTS ... Advocate for the Petitioners : Mr. S.R. Barlinge AGP for Respondents: Ms. V.N. Patil Jadhav Advocate for Respondents No.2 and 3 : Mr. Pratap P. Mandlik ... CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ. DATE : 06.02.2025 PER COURT: The petitioners who are the teachers, have been claiming gratuity under the Payment of Gratuity Act, 1972 (the Act). 2. We have heard both the sides. 3. It is a matter of record now that the issue as regards entitlement of a teacher to claim gratuity under the Act has been put to rest by the subsequent decision of the Supreme Court, as has been admitted in the affidavit-in-reply filed on behalf of respondents No.2 and 3. 1/2 2025:BHC-AUG:3595-DB 961.WP.12357.17.odt 4. As respondents No.2 and 3, in the light of the declaration of the Supreme Court, admit the liability, the writ petition is allowed. Respondents No.2 and 3 shall take a fresh decision and process the papers as expeditiously as possible and in any case, within four weeks. (PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) habeeb/ 2/2