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2021 Supreme(Bom) 1087

UJJAL BHUYAN, M.G.SEWLIKAR
Nagesh – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
V.D. Gunale, Advocate, P.N. Kutti, Advocate, Amit A Yadkikar, Advocate

JUDGMENT

Ujjal Bhuyan, J. - We have heard Mr Gunale, learned Counsel for the petitioners; Mr Kutti, learned A.G.P. for respondent no.1; and Mr Yadkikar, learned Counsel for respondent no.2.

2. Rule. Rule made returnable forthwith. Heard learned Counsel appearing for the parties finally by consent.

3. By filing this petition under Article 226 of the Constitution of India petitioners seek quashing of order dated 17th February, 2016 passed by respondent no.2 and further seek a direction to respondent no.2 to pay gratuity and earned leave encashment with interest at the rate of 9% per annum. It may be mentioned that initially the writ petition was filed by Nagesh Jagdishrao Deshpande but after his death he has been substituted by his legal heirs i.e., wife and two sons vide order of this Court dated 26th February, 2021.

4. It may also be mentioned that the writ petition was allowed by this Court vide order dated 7th January, 2019 by directing respondent no.2 to pay gratuity to the original petitioner within three months and also to take a decision regarding payment of leave encashment within three months. However, on a review application filed by respondent no.2 being Review Application (C

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