HC imposes Rs 5,000 cost on school headmistress for delaying suit

  • | Thursday | 19th July, 2018

The trust then filed a written statement seeking dismissal of the suit on the grounds that the same did not carry its name as a party. To negate this argument, Kulkarni filed an application in the civil court in March 2017 seeking permission for addition of the trust's name as a party to the dispute. Merely because the petitioner (head mistress) is the plaintiff and her application may have been filed belatedly causing a delay in her own suit, it cannot be a ground for permitting addition of the trust's name without imposing a cost. "The court ordered the petitioner, Ratnamala S Kulkarni, to deposit Rs 5,000 by July 26 with the Aurangabad civil surgeon through the medical officer of the high court's dispensary either in cash or by demand draft.In 2014, Kulkarni had filed a suit in an Aurangabad civil court alleging delay in payment of her pension and post-retirement benefits by the Shri Samarth Vidya Prasarak Mandal, a trust that runs the school from where she retired. AURANGABAD: The Aurangabad bench of the Bombay high court has imposed a Rs 5,000 cost on a retired school headmistress for delaying by more than two years, the addition of an education trust's name as a party to a suit filed by her in a civil court for damages against delayed pension and post-retirement benefits.The bench of Justice Ravindra V Ghuge observed in a recent order, "It cannot be ignored that after a written statement was filed (by the trust) in September 2014 (seeking dismissal of her suit for not naming the trust as a party), an application was preferred in March 2017 for addition of the trust's name.

AURANGABAD: The Aurangabad bench of the Bombay high court has imposed a Rs 5,000 cost on a retired school headmistress for delaying by more than two years, the addition of an education trust's name as a party to a suit filed by her in a civil court for damages against delayed pension and post-retirement benefits.The bench of Justice Ravindra V Ghuge observed in a recent order, "It cannot be ignored that after a written statement was filed (by the trust) in September 2014 (seeking dismissal of her suit for not naming the trust as a party), an application was preferred in March 2017 for addition of the trust's name. Merely because the petitioner (head mistress) is the plaintiff and her application may have been filed belatedly causing a delay in her own suit, it cannot be a ground for permitting addition of the trust's name without imposing a cost."The court ordered the petitioner, Ratnamala S Kulkarni, to deposit Rs 5,000 by July 26 with the Aurangabad civil surgeon through the medical officer of the high court's dispensary either in cash or by demand draft.In 2014, Kulkarni had filed a suit in an Aurangabad civil court alleging delay in payment of her pension and post-retirement benefits by the Shri Samarth Vidya Prasarak Mandal, a trust that runs the school from where she retired. The trust then filed a written statement seeking dismissal of the suit on the grounds that the same did not carry its name as a party. To negate this argument, Kulkarni filed an application in the civil court in March 2017 seeking permission for addition of the trust's name as a party to the dispute. The civil court, however, dismissed her application, prompting Kulkarni to move the high court with a prayer to allow her add the trust's name.The high court heard her petition only to the extent of addition of the trust's name and directed the trial court to consider the arguments from either sides on the matter afresh on merits.Kulkarni's lawyer Prashant Nagargoje told TOI, "Our client retired from the school as HM in 2014 and the school, in violation of the Maharashtra Civil Services (Pension) Rules - 1982, moved her pension proposal almost two years and six months after her retirement.

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