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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.6077 OF 2016

1.

Nagesh s/o Jagdishrao Deshpande,

(original petitioner),

Died through L.Rs.

1a.

Namita Nagesh Deshpande,

Age 56, Occu. Housewife,

1b.

Nilesh Nagesh Deshpande,

Age 34 years, Occu. Service,

1c.

Nitesh Nagesh Deshpande,

Age 28, Occu. Service,

All Residing at Plot No.78,

Maya Nagar, N-2, Cidco,

Aurangabad – 431 003

...PETITIONER

VERSUS

01.

State of Maharashtra,

Through its Secretary,

Social Justice Department,

Mantralaya, Mumbai – 32

02.

Managing Director,

Maharashtra State Other Backward

Class, Finance and Development

Corporation Ltd.,

4^th Floor, R.C. Chmburkar Marg,

Chembur, Mumbai – 71

...RESPONDENTS

Mr V.D. Gunale, Advocate for the petitioners;

Mr P.N. Kutti, A.G.P. for respondent no.1;

Mr Amit A. Yadkikar, Advocate for respondent no.2

CORAM : UJJAL BHUYAN

AND

M.G. SEWLIKAR, JJ.

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(Date of reserving the judgment : 6^th April, 2021

Date of pronouncing the judgment : 7^th May, 2021)

JUDGMENT (PER 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 17^th 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

26^th February, 2021.

4.

It may also be mentioned that the writ petition was

allowed by this Court vide order dated 7^th January, 2019 by

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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 (Civil) No.259 of 2019 order dated 7^th

January, 2019 was reviewed and re-called whereafter the

present writ petition was heard afresh.

5.

For a proper adjudication of the lis, the relevant facts as

pleaded may be briefly noted at the outset.

5.1.

The original petitioner i.e., Nagesh Jagdishrao

Deshpande (referred to as the “petitioner” hereinafter) was

initially appointed as Accounts Officer in the year 1988 in

Maharashtra Electronic Corporation Ltd. (MELTRON). He

served in MELTRON as a permanent employee till the year

2003. For various reasons MELTRON was closed down

whereafter petitioner was absorbed in the Maharashtra State

Other Backward Class Finance and Development Corporation

Ltd. (briefly the “respondent no.2” hereinafter) in the year 2003

with continuity of past service in MELTRON.

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6.

While the petitioner was working as District Manager at

Aurangabad, a show cause notice was issued to him on 3^rd

April, 2008 calling upon the petitioner to show cause on certain

allegations made against him while discharging duty as District

Manager. The allegations pertained to