A division bench of Justice V M Kanade and Justice Suresh Gupte accepted the HC administration's decision to reinstate Iqbal Gadkari as senior private secretary and give him consequential benefits under the Act. A senior private secretary to a judge is equivalent to the post of a deputy registrar. On September 4, 2013 the court disposed of Gadkari's petition as well as HC administration's cross petition by accepting the terms agreed between them.
In 2004, Gadkari developed ankylosing spondylitis due the nature of his work of taking dictations of orders and judgments from the judges. He had requested for alternate employment but HC administration did not grant his plea. Therefore he took voluntary retirement on July 31, 2004. Since he could not manage on his meagre pension, Gadkari applied for reemployment and was reemployed in 2006 as a class III employee instead of his original class I post. He applied for getting benefits under Section 47 of the Act which was under consideration by HC administration. He then approached the State Commissioner for Disabilities at Pune who in 2010 directed that Gadkarishould get benefits of reinstatement in the original post with consequential benefits. HC administration challenged this order.
Gadkari's advocate Ramesh Ramamurthy argued that there was an error committed in 2004 by the administration by not granting him benefits under the Act. HC administration's advocate M S Karnik countered that the commissioner did not have jurisdiction in the matter to grant him relief. He also said since Gadkari is reemployed he cannot ask for benefits under the Act. After a few hearings and with the judges urging parties to work out a settlement, the administration agreed to grant Gadkari the benefits. The agreed terms were placed before the court.
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