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Bombay High Court

SHRI SATISHKUMAR GAYAPRASAD GUPTAversusTHE MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. AND ORS.

Decided
Disposal
Disposed Off

Holding

The court set aside the punishment order dated 4 June 2011 because the show‑cause notice based on the now‑quashed Regulation No. 90 could not survive.

Summary

The petitioner, Shri Satishkumar Gayaprasad Gupta, filed a writ petition seeking payment of all consequential service benefits, including back wages, gratuity, and leave encashment, after his superannuation on 30 June 2011. The respondent, MSEDCL, produced documents showing that certain benefits such as a gratuity advance of Rs. 3,48,720 and provident fund contributions had already been paid. The petitioner contended that a substantial portion of his final gratuity (two‑thirds) and leave encashment remained unpaid and requested the court to direct payment. The court noted that a prior Division Bench judgment in Praveen s/o Prabhakarrao Jawale v. MSEDCL had quashed Regulation No. 90, rendering the show‑cause notice and the subsequent punishment order of 4 June 2011 invalid. Consequently, the court set aside the punishment order and ordered the respondent to pay the outstanding dues within six weeks upon receipt of details, while disposing of the writ petition without costs.

Issues considered

  • Whether the show‑cause notice issued under Regulation No. 90 is valid after the regulation was quashed.
  • Whether the punishment order dated 4 June 2011 is sustainable in view of the quashing of Regulation No. 90.
  • Whether the petitioner is entitled to the remaining consequential service benefits, including the balance of gratuity and leave encashment.

Subjects

  • consequential service benefits
  • gratuity
  • leave encashment
  • superannuation
  • show cause notice
  • Regulation No. 90
  • punishment order
  • writ petition
  • MSEDCL

Judgment

                                                                                                                  37. WP-4121-2011.doc
                                                                                                    Shri. Satishkumar vs. MSEDCL & Ors.




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                                   WRIT PETITION NO. 4121 OF 2011

                            Shri Satishkumar Gayaprasad Gupta                  ..   Petitioner
                                   V/s.
                            The Maharashtra State Electricity Distribution
                            Company Ltd. And Ors.                              ..   Respondents
                                             ______________________________________
                            Mr. Saurabh Bachhawat a/w Kaushik Puranik for Petitioner.
                            Mr. Dheer Sampat i/b M V Kini & Co. for Respondents (MSEDCL).
                                            _______________________________________
                                                              CORAM : R.I. CHAGLA AND
                                                                                         FARHAN P. DUBASH, JJ.

                                                              DATE                 : 10th JULY 2026

                            P.C.:

                            1.      On the previous date, viz., 25th June 2026, this Court had noted that in the

                                    prayer clause of the petition, the Petitioner has sought for payment of all

                                    consequential service benefits, including full back wages and retirement

                                    benefits, after the Petitioner having attained superannuation on 30 th June

                                    2011.

                            2.      The learned Counsel appearing for the Respondents has tendered

                                    documents, which are taken on record and marked “X” collectively. Relying

             Digitally signed
                                    on these documents, he states that the Petitioner has received the
             by SHUBHAM
SHUBHAM      SHESHRAO
SHESHRAO     GADHAVEPATIL
GADHAVEPATIL Date:
             2026.07.10
             19:02:19 +0530
                                    consequential service benefits, which include an amount of Rs. 3,48,720/-

                                    under the sub-head of gratuity advance, and which is borne out from the


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                                                               Order dated 10th July 2026
                                                                                    37. WP-4121-2011.doc
                                                                      Shri. Satishkumar vs. MSEDCL & Ors.




     noting at page 4 of these documents which are marked “X” collectively,

     dated 19th December 2009.

3.   It is further stated that the Petitioner’s dues of Rs. 30,65,180/- towards

     provident fund had also been sanctioned vide letter dated 15th August 2011

     and paid vide CV No. 48 dated 1st October 2011.

4.   The learned Counsel for the Petitioner has sought for time to verify from his

     client as to whether his client’s has been paid all consequential service

     benefits.

5.   The learned Counsel appearing for the Petitioner has taken instructions and

     states that there is still certain consequential service benefits which are

     outstanding, namely, 2/3rd of the final service gratuity, which itself is borne

     out from the document, viz., communication dated 14 th August 2022

     addressed by the Executor Engineer of the Respondent no. 1 to the Chief

     Engineer of Respondent no. 1. He further states that dues towards leave

     encashment are also yet to be paid by Respondent no. 1. The Petitioner shall

     provide the details of the outstanding dues to the Respondent no. 1 for

     payment.

6.   Mr. Dheer Sampat, learned Counsel appearing for Respondent no. 1, states

     on instructions that upon the Petitioner providing the outstanding dues

     payable to him, the Respondent no. 1 shall make the payment within a

     period of six weeks from the date of receipt of such details. The statement is


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                                 Order dated 10th July 2026
                                                                                              37. WP-4121-2011.doc
                                                                                Shri. Satishkumar vs. MSEDCL & Ors.




           accepted.

7.         The parties are agreeable that in view of the order of Division Bench of this

           Court in Praveen s/o Prabhakarrao Jawale vs. MSEDCL & Anr. 1 whereby

           Regulation No. 90 has been quashed, the show cause notice issued to the

           Petitioner, which has invoked the said Regulation and which forms the basis

           of the final punishment order dated 4th June 2011 would not survive.

8.         Accordingly, we set aside the impugned punishment order dated 4th June

           2011.

9.         The Writ Petition is disposed of in view of the above terms. There shall be

           no order as to costs.

10.        We make it clear that the above payment made by Respondent no. 1 to the

           Petitioner shall not be subject to the outcome of the criminal proceedings.




         ( FARHAN P. DUBASH, J. )                                           ( R.I. CHAGLA J. )
Shubham Gadhavepatil




1 2014 (1) Mh.L.J. 313


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                                       Order dated 10th July 2026


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