Shri. Sharanappa Chandramappa Hegade v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4648 OF 2014 ...

Shri Sharanappa Chandramappa Hegade

...Petitioner

v/s.

The State of Maharashtra & ors.

...Respondents

...

Mr.V.K.Bodhare for the Petitioner.

Mr.P.P.Kakade, AGP for the State.

Mr.S.D.Thokade for Respondent No.3.

...

CORAM : NARESH H. PATIL & A.A.SAYED, JJ.

DATED : 15 FEBRUARY 2016 P.C.:

Heard. The Petitioner claims to be a Librarian with the RespondentVidnayan Mahavidyalaya Sangole College. The Petitioner is still in service. The grievance of the Petitioner is that he has not been paid salary by the Respondent-College in spite of receiving grant-in-aid from the Government. In the past, an inquiry was initiated against the Petitioner. He was terminated. It is submitted that the Petitioner preferred an Appeal before the Registrar, Solapur University and the Registrar set aside the termination order.

2.

The grievance of the Management is that the Petitioner is not discharging his duties properly. He is always demanding more staff members. Considering his entire conduct the Management withheld Petitioner's salary. The Respondent-College is receiving grant-in-aid. Uday P. Kambli 1/2

2/2 wp-4648-14.doc According to the learned Counsel, the Petitioner's salary is deposited in the bank account of the Management.

3.

This internal dispute cannot be the subject matter of consideration in the Petition of the present nature. The Management under the relevant Laws is entitled to take appropriate steps in case the Petitioner is misconducting himself.

4.

In case the Petitioner has been discharging his services and has not been paid salary, then we direct the Respondent-Management to pay salary to the Petitioner including arrears of salary. The salary shall be released within two weeks.

5.

It is expected that the Petitioner shall discharge his duty efficiently, promptly and in the larger interest of students. In case the Petitioner fails, then the Management would be entitled to take appropriate steps in accordance with law. The Joint Director of Higher Education shall call for the status report in respect of the functioning of the Petitioner. 6.

It is clarified that we have not expressed any opinion on the allegations made by the contesting parties. All issues raised by the contesting parties in respect of allegations made against each other are kept open. 7.

With these directions, the Petition is disposed of. (A.A. SAYED, J.) (NARESH H. PATIL J.) Uday P. Kambli 2/2