Bombay High Court
Dadarao Gopalrao Ambhore & Anr vs Central Mine Planning & Design ... on 24 January, 2017
Author: Vasanti A. Naik
Bench: Vasanti A Naik, V.M. Deshpande
wp1938.09.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.1938/2009
PETITIONERS: 1. Dadarao s/o Gopalrao Ambhore,
Aged about 51, R/O 55 NIT Lay-Out,
Sindban, Tajbag, Nagpur - 440024.
2. Ms. V. Chandra,
Aged about 55, R/O Lake View Society,
Hindustan Colony, Amravati Road,
ig Nagpur - 440033.
...VERSUS...
RESPONDENTS : 1. Central Mine Planning & Design Institute
Limited, Gondwana Place, Kanke Road,
Ranchi, Jharkhand, through its
Chairman-cum-Managing Director.
2. Central Mine Planning & Design Institute
Ltd., Regional Institute-IV, Jaripatka, Nagpur
through its Regional Director.
3. Central Mine Planning & Design Institute
Ltd., Regional Institute-IV, Jaripatka, Nagpur
through its Personnel Manager.
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Shri P.S. Sahare, Adv. h/f Shri S.S. Sanyal, Adv. for petitioners
Shri S.C. Mehadia, Advocate for respondents
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CORAM : SMT. VASANTI A NAIK, AND
V.M. DESHPANDE, JJ.
DATE : 24.01.2017
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this petition, the petitioners seek a declaration that the decision of the Welfare Board dated 12.9.2008 that the petitioners and ::: Uploaded on - 25/01/2017 ::: Downloaded on - 26/01/2017 00:59:16 ::: wp1938.09.odt 2 some of the other employees would not be entitled to medical cash grant facility and would be entitled to medical card grant facility is illegal and is liable to be quashed and set aside. The petitioners seek a direction against the respondent - Central Mine Planning and Design Institute Limited to continue to grant the medical cash grant facility to the petitioners.
We are not inclined to grant the prayers made by the petitioners in the instant petition. Nothing is placed by the petitioners on record to show that the petitioners have a right to seek the medical cash grant facility. It does not appear from the documents annexed to the writ petition that the medical cash grant facility is a service condition. The appointment order of the petitioner no.1 is placed on record. The appointment order speaks that apart from the salary, the petitioner would be entitled to fixed dearness allowance, variable dear allowance and attendance bonus, as laid down in the National Coal Wage Agreement.
The appointment order does not speak of the grant of medical cash grant facility to the petitioner. No other regulation is placed by the petitioners on record to show that the petitioners are entitled to medical cash grant facility as of a right. In the absence of any legal right to seek the medical cash grant facility, the petitioners cannot challenge the action on the part of the respondent - Central Mine Planning and Design Institute in converting the said facility into medical card grant facility under the ::: Uploaded on - 25/01/2017 ::: Downloaded on - 26/01/2017 00:59:16 ::: wp1938.09.odt 3 Medical Attendance Rules. Even assuming that the cash grant facility is paid to some of the employees, the petitioners cannot claim the same as of a right, as admittedly the petitioners have not pointed out any right in the petitioners to seek the said facility.
Since no case is made out by the petitioners for seeking the relief claimed, the writ petition is dismissed with no order as to costs.
Rule stands discharged.
JUDGE JUDGE
Wadkar
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