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The ruling emphasizes public colleges’ accountability to uphold the recommendations of the pay commissions and protect the employees’ financial well-being.

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Case Title: Mrs. Prachi P. Kulkarni Versus State of Maharashtra and Ors.

Case No: WRIT PETITION (L) NO. 3980 OF 2022

Decided on: 9th May , 2024

Quorum: The Hon’ble JUSTICE NITIN JAMDAR & The Hon’ble JUSTICE M.M. SATHAYE

Facts of the case

The petitioners are former staff members of the Women’s University of Shreemati Nathibai Damodar Thackersey (SNDT). They claimed in their writ petitions that they were not receiving their deadness allowance (DA) and retirement benefits in accordance with the recommendations made by the 7th Pay Commission. The petitioners claimed that they were suffering severe financial difficulty since they were only receiving benefits in accordance with the 6th Pay Commission, even though the 7th Pay Commission was applicable.

Issues

1.If the petitioners can benefit from the proposals made by the 7th Pay Commission?

2. Whether the petitioners are entitled to receive their retirement benefits and DA in accordance with the 7th Pay Commission from the State of Maharashtra and SNDT Women’s University.

 Legal Provisions 

The India’s Constitution: Article 14: Right to Equality .Article 21: Right to Life and Personal Liberty .Maharashtra Public institutions Act 2016: Establishes the legal framework and provides funding for Maharashtra’s public institutions.

Appellant contentions 

According to the petitioners, the University is required by law and morality to pay their DA and pensions in accordance with the 7th Pay Commission. They contend that they are suffering undue hardship as a result of the University’s delay in putting the 7th Pay Commission’s recommendations into effect, particularly since many of them are elderly or deceased. They cite earlier court rulings and agreement clauses requiring the University to offer pension benefits.

Respondent’s contentions

The University admits that the 7th Pay Commission is applicable, but it cites budgetary limitations and the requirement to create a corpus fund before disbursing the updated benefits: – Because of these budgetary limitations, the university suggested delaying complete adoption until June 2025.

Court Analysis and Judgement 

The University was ordered by the court to begin disbursing the petitioners’ DA and pensions in accordance with the 7th Pay Commission on July 1, 2024. The court mandated that the arrears be paid in three months’ worth of installments: 33% in the first three months, 33% in the next three months, and the remaining 34% in the following three months. The full amount of the outstanding arrears becomes due in six months if the first installment is not paid within three months. In order to assure compliance, the court published a regulation, and in the event of a default, the petitioners were permitted to request additional orders. The ruling emphasizes public colleges’ accountability to uphold the recommendations of the pay commissions and protect the employees’ financial well-being. It emphasizes the judiciary’s responsibility for making sure retired workers receive their rightful benefits on schedule. The ruling emphasizes the necessity for institutions to have financial plans for such commitments and sets a precedent for instances that are comparable to it. This instance highlights more general problems with financial planning and administrative delays in public institutions, especially when it comes to employee perks and following national pay commission recommendations.The Supreme Court in the Mahatama Gandhi Mission and Anr. V. Bhartiya Kamgar Sena and Ors. Case has directed the Respondent-University to commence payment of pensionary benefits, including dearness allowance, to the Petitioners as per the 7th pay commission from 1 July 2024 onwards. The court has set a time limit for payment, stating that an absolute refusal to consider payment until June 2025 is unacceptable. The court has also directed installments for arrears, with the first installment of 33% arrears due within three months. The court has issued a rule to ensure compliance and allows the Petitioners to take out interim applications for necessary orders.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Analysis Written by – K.Immey Grace

 

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The ruling emphasizes public colleges’ accountability to uphold the recommendations of the pay commissions and protect the employees’ financial well-being.

Blog ,

Case Title: Mrs. Prachi P. Kulkarni Versus State of Maharashtra and Ors.

Case No: WRIT PETITION (L) NO. 3980 OF 2022

Decided on: 9th May , 2024

Quorum: The Hon’ble JUSTICE NITIN JAMDAR & The Hon’ble JUSTICE M.M. SATHAYE

Facts of the case

The petitioners are former staff members of the Women’s University of Shreemati Nathibai Damodar Thackersey (SNDT). They claimed in their writ petitions that they were not receiving their deadness allowance (DA) and retirement benefits in accordance with the recommendations made by the 7th Pay Commission. The petitioners claimed that they were suffering severe financial difficulty since they were only receiving benefits in accordance with the 6th Pay Commission, even though the 7th Pay Commission was applicable.

Issues

1.If the petitioners can benefit from the proposals made by the 7th Pay Commission?

2. Whether the petitioners are entitled to receive their retirement benefits and DA in accordance with the 7th Pay Commission from the State of Maharashtra and SNDT Women’s University.

 Legal Provisions 

The India’s Constitution: Article 14: Right to Equality .Article 21: Right to Life and Personal Liberty .Maharashtra Public institutions Act 2016: Establishes the legal framework and provides funding for Maharashtra’s public institutions.

Appellant contentions 

According to the petitioners, the University is required by law and morality to pay their DA and pensions in accordance with the 7th Pay Commission. They contend that they are suffering undue hardship as a result of the University’s delay in putting the 7th Pay Commission’s recommendations into effect, particularly since many of them are elderly or deceased. They cite earlier court rulings and agreement clauses requiring the University to offer pension benefits.

Respondent’s contentions

The University admits that the 7th Pay Commission is applicable, but it cites budgetary limitations and the requirement to create a corpus fund before disbursing the updated benefits: – Because of these budgetary limitations, the university suggested delaying complete adoption until June 2025.

Court Analysis and Judgement 

The University was ordered by the court to begin disbursing the petitioners’ DA and pensions in accordance with the 7th Pay Commission on July 1, 2024. The court mandated that the arrears be paid in three months’ worth of installments: 33% in the first three months, 33% in the next three months, and the remaining 34% in the following three months. The full amount of the outstanding arrears becomes due in six months if the first installment is not paid within three months. In order to assure compliance, the court published a regulation, and in the event of a default, the petitioners were permitted to request additional orders. The ruling emphasizes public colleges’ accountability to uphold the recommendations of the pay commissions and protect the employees’ financial well-being. It emphasizes the judiciary’s responsibility for making sure retired workers receive their rightful benefits on schedule. The ruling emphasizes the necessity for institutions to have financial plans for such commitments and sets a precedent for instances that are comparable to it. This instance highlights more general problems with financial planning and administrative delays in public institutions, especially when it comes to employee perks and following national pay commission recommendations.The Supreme Court in the Mahatama Gandhi Mission and Anr. V. Bhartiya Kamgar Sena and Ors. Case has directed the Respondent-University to commence payment of pensionary benefits, including dearness allowance, to the Petitioners as per the 7th pay commission from 1 July 2024 onwards. The court has set a time limit for payment, stating that an absolute refusal to consider payment until June 2025 is unacceptable. The court has also directed installments for arrears, with the first installment of 33% arrears due within three months. The court has issued a rule to ensure compliance and allows the Petitioners to take out interim applications for necessary orders.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Analysis Written by – K.Immey Grace

Click here to view the judgement

 

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“Bombay High Court Denies Plea to Quash Case Against Former Andhra Pradesh CM Chandrababu Naidu for Alleged Assault on Prison Personnel”

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Case Title: Nara Chandrababu Naidu Versus State of Maharashtra and others

Case No: CRIMINAL APPLICATION NO. 3428 OF 2023

Decided on: 10th May , 2024

Quorum: HON’BLE JUSTICE MANGESH S. PATIL & HON’BLE JUSTICE SHAILESH P. BRAHME

Facts of the case

Sections 143 and 188 of the Indian Penal Code and Section 135 of the Maharashtra Police Act were allegedly used to justify the arrest of Mr. Naidu and his colleagues, totaling 66 people. After being placed under magistrate’s remand, they were eventually told to be transferred to the Central Jail Aurangabad. The accused spent the night in a makeshift jail after they refused to comply and insisted on air-conditioned busses for the trip. They were accused of hurling insults and refusing to board the air-conditioned buses the next morning, which resulted in the charges.

Issues

1.Whether Mr. Naidu and his friends’ arrest and subsequent treatment follow the law?

2.Whether the accused’s request for air-conditioned buses serve as a legal justification for their refusal to cooperate with the jail transfer procedure?

3.Whether the things that Mr. Naidu and his friends did within the jail grounds legal?

Legal Provisions

Sections 353, 324, 332, 336, 337, 504, 506 read with Sections 109 and 34 of the IPC, which deal with assaulting or using criminal force against a public servant, causing harm with dangerous weapons, rash acts endangering the lives of others, intentional insult with an intent to provoke breach of peace, and criminal intimidation, were among the charges brought against Mr. Naidu and others.

Appellant’s Contentions

Mr. Naidu argued that the accusations made against him and his friends were politically motivated and without merit. He maintained that considering the participants’ health issues and circumstances, the request for air-conditioned buses was legitimate. In addition, he asserted that the whole incident was exaggerated and that the jail staff was not meant to suffer any physical harm

Respondent’s Contentions

The state of Maharashtra argued that Mr. Naidu and his allies had disobeyed the state’s law enforcement agencies and violated discipline by refusing to cooperate with the prison officials. They contended that the accused should have been sued because of his disruptive behavior

Court Analysis and Judgement

The 2010 case against Nara Chandrababu Naidu, the former chief minister of Andhra Pradesh, was not overturned by the Bombay High Court. In order to have offenses covered by several sections of the Indian Penal Code (IPC) punished, Naidu had filed a criminal application seeking the quashment of the crime, chargesheet, and criminal case. The IPC’s Sections 353, 324, 332, 336, 337, 504, 506, read with Sections 109 and 34, were the offenses for which the case was filed. The police’s investigation, the magistrate’s cognizance, and the registration of the offense against the petitioners were all deemed lawful by the court. The judges of the Supreme Court rendered two different rulings regarding the quashing of the FIR against Chandrababu Naidu. Judge Aniruddha Bose in part granted Naidu’s appeal, ruling that any inquiry or probe of a public worker connected to official duties must have permission from the relevant authority in accordance with Section 17A of the Prevention of Corruption Act, 1988.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Analysis Written by – K.Immey Grace

Click here to view the judgement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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“Bombay High Court Denies Plea to Quash Case Against Former Andhra Pradesh CM Chandrababu Naidu for Alleged Assault on Prison Personnel”

Blog , , ,

Case Title: Nara Chandrababu Naidu Versus State of Maharashtra and others

Case No: CRIMINAL APPLICATION NO. 3428 OF 2023

Decided on: 10th May , 2024

Quorum: HON’BLE JUSTICE MANGESH S. PATIL & HON’BLE JUSTICE SHAILESH P. BRAHME

Facts of the case

Sections 143 and 188 of the Indian Penal Code and Section 135 of the Maharashtra Police Act were allegedly used to justify the arrest of Mr. Naidu and his colleagues, totaling 66 people. After being placed under magistrate’s remand, they were eventually told to be transferred to the Central Jail Aurangabad. The accused spent the night in a makeshift jail after they refused to comply and insisted on air-conditioned busses for the trip. They were accused of hurling insults and refusing to board the air-conditioned buses the next morning, which resulted in the charges.

Issues

1.Whether Mr. Naidu and his friends’ arrest and subsequent treatment follow the law?

2.Whether the accused’s request for air-conditioned buses serve as a legal justification for their refusal to cooperate with the jail transfer procedure?

3.Whether the things that Mr. Naidu and his friends did within the jail grounds legal?

Legal Provisions

Sections 353, 324, 332, 336, 337, 504, 506 read with Sections 109 and 34 of the IPC, which deal with assaulting or using criminal force against a public servant, causing harm with dangerous weapons, rash acts endangering the lives of others, intentional insult with an intent to provoke breach of peace, and criminal intimidation, were among the charges brought against Mr. Naidu and others.

Appellant’s Contentions

Mr. Naidu argued that the accusations made against him and his friends were politically motivated and without merit. He maintained that considering the participants’ health issues and circumstances, the request for air-conditioned buses was legitimate. In addition, he asserted that the whole incident was exaggerated and that the jail staff was not meant to suffer any physical harm

Respondent’s Contentions

The state of Maharashtra argued that Mr. Naidu and his allies had disobeyed the state’s law enforcement agencies and violated discipline by refusing to cooperate with the prison officials. They contended that the accused should have been sued because of his disruptive behavior

Court Analysis and Judgement

The 2010 case against Nara Chandrababu Naidu, the former chief minister of Andhra Pradesh, was not overturned by the Bombay High Court. In order to have offenses covered by several sections of the Indian Penal Code (IPC) punished, Naidu had filed a criminal application seeking the quashment of the crime, chargesheet, and criminal case. The IPC’s Sections 353, 324, 332, 336, 337, 504, 506, read with Sections 109 and 34, were the offenses for which the case was filed. The police’s investigation, the magistrate’s cognizance, and the registration of the offense against the petitioners were all deemed lawful by the court. The judges of the Supreme Court rendered two different rulings regarding the quashing of the FIR against Chandrababu Naidu. Judge Aniruddha Bose in part granted Naidu’s appeal, ruling that any inquiry or probe of a public worker connected to official duties must have permission from the relevant authority in accordance with Section 17A of the Prevention of Corruption Act, 1988.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Analysis Written by – K.Immey Grace

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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“Bombay High Court Permits Doctor to Keep MBBS Admission Secured with False OBC Certificate, Cites National Interest”

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Case Title: Miss. Lubna Shoukat Mujawar Versus State of Maharashtra and others

Case No: WRIT PETITION NO.132 OF 2017

Decided on : 9th May , 2024

Quorum: HON’BLE JUSTICE A. S. CHANDURKAR And HON’BLE JUSTICE JITENDRA JAIN

Facts of the case

Based on a Non-Creamy Layer Certificate, Miss Lubna Shoukat Mujawar applied to Lokmanya Tilak Municipal College and Hospital’s MBBS program under the OBC category. All of the kids enrolled under this category were the subject of an investigation, which concluded that the father of Miss Mujawar had lied on the certificate application.

Issues

1. Whether Miss Mujawar’s Non-Creamy Layer Certificate qualify her for admission under the OBC category?

2. Whether Miss Mujawar’s father legitimately receive the Non-Creamy Layer Certificate?

3. Whether is it appropriate for the college to deny Miss Mujawar admission and keep her from completing her MBBS program?

Appellant’s Contentions

Miss Mujawar argued that her mother’s income was not included in the Non-Creamy Layer Certificate application because her father had divorced her mother. She contested the revocation of both her certificate and admission.

Respondent’s Contentions

The main point of argument for the respondent was the legitimacy of Miss Mujawar’s Non-Creamy Layer Certificate, which she exploited to obtain admission under the OBC category. The Non-Creamy Layer Certificate was acquired through the submission of fraudulent data. The father of Miss Mujawar fabricated information when he applied for the certificate. He stated that he had divorced his wife, but it was discovered that he was still living with her. This cast doubt on the veracity of the divorce papers. In light of the Enquiry Committeee’s conclusions, the Mumbai Suburban District Collector revoked the Non-Creamy Layer Certificate.Since Miss Mujawar’s entrance to the MBBS program depended on the Non-Creamy Layer Certificate’s validity, the college had to cancel her admission.

Court Analysis and Judgement

The Bombay High Court, which was composed of Justices A.S. Chandurkar and Jitendra Jain, decided that even if the reservation certificate was shown to be fake, Miss Lubna Shoukat Mujawar’s MBBS degree would still be recognized. The court’s ruling was heavily influenced by its recognition of the value of the medical field and the demand for physicians in India.The legitimacy of Miss Mujawar’s MBBS degree was maintained by the court. It was admitted that false information was used to get the Non-Creamy Layer Certificate. However, the court chose not to invalidate Miss Mujawar’s academic credentials in light of the national interest and the physician scarcity.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Judgement Analysis Written by – K.Immey Grace

 

 

 

 

 

 

 

 

 

 

 

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