Bombay High Court
SECRETARY and PRINCIPAL SCHOOL COM.,M.G.VIDYALAYAversusRAMESH POPAT PANGARKAR SINCE DECD. THR. LRS AND ANR.
- Decided
- Disposal
- Allowed
Holding
The court condoned the delay and allowed the legal heirs to be brought on record.
Summary
The Management of M.G. Vidyalaya filed an interim application to bring the legal heirs of the deceased employee, Respondent No.1, onto the record in a writ petition concerning back wages ordered by a School Tribunal. The application was filed six years after the original petition, raising a question of delay. The legal heirs appeared, waived notice, and no opposition was filed. The court, considering the nature of the dispute and the need for justice, found sufficient cause to condone the delay and permitted the addition of the heirs as respondents. Consequently, the interim application was allowed, the delay was condoned, and the parties were directed to amend the pleadings within two weeks, with the matter listed for further hearing on 13 October 2026.
Issues considered
- Whether a six‑year delay in filing an application to bring legal heirs on record can be condoned
- Whether the legal heirs of a deceased respondent may be added to the pleadings at the interim stage
Subjects
- interim application
- delay condonation
- legal heirs
- amendment of pleadings
- school tribunal
- back wages
Judgment
25.as.ia.6267.2026.doc
Digitally
signed by
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date: IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2026.09.22
16:24:08 CIVIL APPELLATE JURISDICTION
+0530
INTERIM APPLICATION NO.6267 OF 2026
IN
WRIT PETITION NO. 3776 OF 2001
Secretary and Principal School
Com. M. G. Vidyalaya … Petitioner
Versus
Ramesh Popat Pangarkar
since deceased thr. Lrs.
… Respondents
***
Mr. Amar Bodke a/w Mr. Dhyey Bhavsar i/b. Mr. M. V. Thorat for
Petitioner.
Mr. Rahul Kadam for the Respondents.
Ms. S. D. Chipade, AGP for the Respondent – State.
***
CORAM : M.M. SATHAYE, J.
DATE : 22 SEPTEMBER, 2026
P.C. :
1. Heard learned Counsel for the parties.
2. This Application is filed by the Management for bringing the
legal heirs of deceased Respondent No.1 (employee) on record. There
is delay of six years in filing the Application.
3. Learned Counsel for the proposed legal heirs appears and
waives the service of notice. No reply is filed.
4. The dispute is arising out of an order of School Tribunal. Since
the issue of back wages is involved, it is necessary in the interest of
justice to bring the legal heirs on record. Considering nature of
Vina Khadpe 1
25.as.ia.6267.2026.doc
dispute and averments, sufficient cause is made out.
5. In view thereof, Interim Application is allowed and disposed of.
Delay is condoned. The Applicants are permitted to bring the
proposed Respondent Nos.1A to 1C on record. Amendment to be
carried out within a period of two weeks from today.
6. List WP/3776/2001 on 13.10.2026 for further consideration.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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