Smt. Vaishali Sandesh Bibave v. State Of Maharashtra And ORS

12.CAW.928.18 in wp.2864.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 928 OF 2018 IN WRIT PETITION NO. 2864 OF 2016 Vaishali Sandesh Bibave ... Applicant/Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents .........

Dr. U.P. Warunjikar a/w Mr. S.A. Pilankar for the Applicant/Petitioner. Ms. Kavita N. Solunke, A.G.P. for the State- Respondent Nos.1 and 2. Mr. S.M. Suryawanshi for Respondent Nos.3 and 4. .........

CORAM

: R.D. DHANUKA & R.I. CHAGLA, JJ.

DATE : 9th AUGUST, 2021.

P.C. :- By this Application the Applicant seeks an order and directions against the Deputy Director of Education, Pune Region, Pune, to release grant-in-aid in terms of Applicant's salary as regular junior college teacher from November, 2017 as per their approval, pending the hearing and final disposal of the Writ Petition. No affidavit-in-reply is filed by the Respondents. In the Writ Petition No.2864 of 2016, the Applicant has Waghmare 1 / 2

12.CAW.928.18 in wp.2864.16.doc prayed for larger reliefs i.e. for quashing and setting aside the order of approval dated 19.05.2015 passed by the Deputy Director of Education and seeking further directions that the Applicant be given approval as Regular Teacher from 01.07.2011.

In our view the Applicant is entitled to be paid the salary atleast according to the order passed by the Authority for the period subsequent to the impugned order which is subject matter of the Writ Petition till further orders.

At this stage without prejudice to the rights and contentions of the Applicant, to press for larger relief in the Writ Petition, the Deputy Director of Education is directed to release grantin-aid in terms of Applicant's salary as regular junior college teacher from November, 2017 as per their approval, within two weeks from today. The amount as directed to be paid in Paragraph 4 by the Respondent No.2 to be released towards the salary of the Applicant shall be subject to the adjustment as may be ordered finally by this Court in this Writ Petition.

Civil Application is disposed of in the aforesaid terms. ( R.I. CHAGLA, J. ) ( R.D. DHANUKA, J. ) Waghmare 2 / 2