Mr. Naveed Akhtar Sagir Ahmad And ORS v. The State Of Maharashtra, Through Secretaries, Dept Of Primary Education And Urban Devp Dept And Or

bsb 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3774 OF 2014 Mr.Navid Akhtar Sagir Ahmad & ors.

... Petitioners v/s The State of Maharashtra & ors.

... Respondents ALONG WITH WRIT PETITION NO. 1219 OF 2014 Maharashtra Rajya Prathamik Shikshak Sangh ... Petitioner v/s The State of Maharashtra & ors.

... Respondents Smt.Pratibha Nachankar i/by Mr.Ajay Misar & Co. for the petitioner in W.P. No.3773 of 2014.

Mr.Jaydeep Mitra i/by Sandeep Waghmare for the petitioner in W.P. No.1219 of 2014.

Mr.A.I. Patel, A.G.P. For Resp. No.1 in W.P.No.3773 of 2014 and for Resp. Nos.1 and 2 in W.P. No.1219 of 2014.

Mr.R.B. Raghuwanshi i/by Rutuja Anil Ambekar for Resp. No.3 in W.P.1219 of 2014.

Mr.Ramesh D. Rane for Resp. No.3 in W.P. No.3773 of 2014. Mr.S.S. Patwardhan for Resp. No.2 in W.P. No.3774 of 2014. CORAM: SMT. VASANTI A. NAIK & SHRI C. V. BHADANG, JJ.

DATED : 3RD FEBRUARY 2015 P.C.:

bsb 2 Heard.

On hearing the learned counsel for the parties, we find that though the Corporation is carrying out the other development activities, the Corporation has not paid the salaries of the primary teachers for the period from June 2013 to October 2013. When a similar question came up before this Court in Writ Petition No.947 of 2007, this Court had directed the Corporation to immediately pay the salaries by discontinuing the developmental activities. When the order was challenged before the Hon'ble Supreme Court, the Special Leave Petition was disposed of as an affidavit was filed by the Principal Secretary, Government of Maharashtra, Urban Development, that an amount of Rs.13,27,00,000/- was paid to the Corporation against the outstanding salaries of the school teachers.

In the present case, the State Government had already paid the amount to the Municipal Corporation towards the payment of the salaries of the primary teachers and the Municipal Corporation had not disbursed the same to the teachers towards their salaries. We were inclined to direct the Corporation to clear one month's salary of all the teachers within a period of three months and clear the arrears within a period of 15 months. However, the learned counsel, on instructions from the Accounts Officer who is present in the Court, seeks a larger time. We therefore direct the respondent Corporation to pay the one month's salary to each of the teachers within a period of four-four months and continue to pay the arrears of salary of the remaining four months in four monthly instalments.

bsb 3 With the aforesaid directions, we dispose of the writ petition with no order as to costs.

(C. V. BHADANG, J.) (VASANTI A. NAIK, J.)