Supreme Court - Daily Orders
Babhurao Shankar Gavale vs The President,Bhairamdeo Edu.Society ... on 15 April, 2014
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 4557 OF 2014
(Arising from SLP(C) No.1707/2013)
Babhurao Shankar Gavale ..Appellant
versus
The President, Bhairamdeo Education
Society and others ..Respondents
O R D E R
Leave granted.
This Court passed the following order on 10.03.2014.
"We have heard learned counsel for the petitioner at some length. We also noticed that the factual position recorded by the learned Single Judge of the High Court in her order dated 7.7.2005 (at page 62 of the paper book) has remained uncontested.
Despite the above, learned counsel for the petitioner states that the petitioner has rendered about twenty two years of service and the respondents may consider his claim for voluntary retirement, irrespective of the merits of the controversy.
Learned counsel for the respondents seeks time to enable him to obtain instructions in the matter.
List after four weeks."
In continuation of the above order, respondent no.1 has filed an affidavit dated 10.04.2014. The same is taken on record and marked as ’Annexure A’.
A perusal of ’Annexure A’ reveals that the management of respondent no.1 has agreed to permit the 2 appellant to retire voluntarily.
In view of the deliberations held by this Court on 10.03.2014, it is necessary for us to clarify that while giving effect to the affidavit filed by respondent no.1, the appellant will be entitled to retiral benefits for the duration of service rendered by him from the date of his entry into service in 1989 till June, 2011. It is also necessary to clarify that the appellant shall not be entitled to any back wages.
With the above observations, the appeal stands disposed of.
.......................J. [JAGDISH SINGH KHEHAR] NEW DELHI; .......................J. APRIL 15, 2014. [M.Y. EQBAL] 3 ITEM NO.54 COURT NO.13 SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).1707/2013 (From the judgement and order dated 08/10/2012 in LPA No.400/2011 of The HIGH COURT OF BOMBAY) BABHURAO SHANKAR GAVALE Petitioner(s) VERSUS THE PRESIDENT,BHAIRAMDEO EDU.SOCIETY & ORS. Respondent(s) (With prayer for interim relief and office report ) Date: 15/04/2014 This Petition was called on for hearing today. CORAM :
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON’BLE MR. JUSTICE M.Y. EQBAL For Petitioner(s) Mr. Vinay Navare, Adv.
Mr. Satyajeet Kumar, Adv.
for Ms. Abha R. Sharma,AOR For Respondent(s) Mr. Dilip Annasaheb Taur, Adv.
for Mr. Anil Kumar,AOR UPON hearing counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
(Parveen Kr.Chawla) (Phoolan Wati Arora) Court Master Assistant Registrar [signed order is placed on the file]