Vasant Hindurao Jadhav v. Chairman / Secretary, Shamji Dayabhai Shah Educational Trust And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 608 OF 2013 Vasant Hindurao Jadhav ... Petitioner Vs 1 Chairman / Secretary, Shamji Dayabhai Shah Educational Trust & Ors.

... Respondents Ms. Saima Ansari i/b R.M. Momin for the Petitioner. Mr. Prashant Chavan with Mr. Ravindra Chile i/b Divekar & Co. for the Responent Nos.1 and 2.

Mr. V.M. Mali, AGP, for the Respondent Nos.3 to 5 - State. CORAM : S.C. DHARMADHIKARI & M.S. KARNIK , JJ.

WEDNESDAY, 6TH FEBRUARY, 2019 P.C. :

It is stated by the petitioner's advocate that the petitioner has been held to be entitled to receive pension. The Management has opened an Account and credited the amount in that Account. The credit is to the benefit of the petitioner. Thus, the petitioner is in receipt of the pension and will continue to receive the pensionary benefits in accordance with the applicable rules and regulations.

SRP 1/3

As far as the relief in terms of prayer clause (d) it is stated that the arrears of salary as confirmed by the Head Master should be released in favour of the petitioner and for the period 11th November, 2007 to 30th April, 2010, with all attendant benefits.

It is stated that a representation in that behalf has been made to the Education Officer, but the petitioner has not received any information or intimation in that regard. It is stated that the competent authority is the Deputy Director of Education, Mumbai Division, Charni Road, Mumbai. We direct this authority to treat this petition as a representation of the petitioner for release of such arrears and attendant benefits and take a decision thereon as expeditiously as possible and, in any event, before 31st May, 2019. Even the petitioner's representation forwarded through the School is lying unattended with the Education SRP 2/3

Department and particularly this authority. A decision on both, namely, the present petition as also the pending representation shall be taken and communicated before the above date. In the light of the above order, the writ petition is dismissed as not pressed insofar as other prayers are concerned. The Writ Petition, accordingly, stands disposed of. M.S. KARNIK, J.

S.C. DHARMADHIKARI, J.

SRP 3/3