Mr. Shantaram Popatrao Khairnar v. Kaivalya Vidyalaya, Retibunder, Through Headmistress And ORS

911-WP.3112.2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3112 OF 2013 Mr.Shantaram Popatrao Khairnar } Petitioner versus Kaivalya Vidyalaya, Retibunder, } Mumbra, Thane and Ors.

} Respondents Ms.Deepali Deherkar for the petitioner.

Mr.Milind R.Deshpande for respondent no. 1.

Ms. Rupali Shinde-AGP for Respondent nos. 3 to 5 (State).

CORAM :- S. C. DHARMADHIKARI & M. S. KARNIK, JJ.

DATE :- FEBRUARY 12, 2019 P.C. :- 1.

After this writ petition was argued for some time, Ms.Deherkar fairly states that insofar as the question of fixation of salary is concerned and as per the pay-scale recommendations, that relief has already been granted. Therefore, prayer clause [a(ii] does not survive.

2.

Now, what has to be done and in terms of the statements, which have been made in the affidavit filed on behalf of the Education Officer, Zilla Parishad, Thane, is that unless and until pay-bills of the petitioner are submitted to the office of this Education Officer by the Management of Kaivalya Vidyalaya, J.V.Salunke,P.S.

911-WP.3112.2013.doc Retibunder, Mumbra, Thane in the prescribed format, the Education Officer will not be able to process and verify the figures and the calculations. Unless he does so, he will not release any amount so as to be termed as admissible salary grant and to meet the expenses in the form of disbursement of differential salary. 3.

When we inquired this from Mr.Deshpande appearing for respondent no. 1, he fairly states that the management will now take the requisite steps and in any event, it will be forwarding the calculations duly certified by the Accountant and after comparing the same from the service book and other relevant papers in relation to the petitioner,within a period of four weeks from today. 4.

Let the needful be done and after that is forwarded, the salary grant be released within a period of two months from the date of the verification of the computation as forwarded by the management.

5.

With the aforesaid directions, the writ petition is disposed of.

6.

In the event the copy of service book with all entries is not supplied to the petitioner, let that also be supplied within the above period.

(M.S.KARNIK, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,P.S.