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Bombay High CourtCAW/2352/2015

Dattatray Bhimrao Kale v. The Secretary / President Shri Santsena Maharaj Nabhik Bahuuddeshiya Shikshan Sanstha And ORS.

2015-07-16Hon'Ble Shri Justice R.M. Savant.2 pages

CAWST-12206-15.doc 16.07.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (STAMP) NO.12206 OF 2015 IN WRIT PETITION NO.5028 OF 2010 Shri. Dattatray Bhimrao Kale .. Applicant/Petitioner

Versus

The Secretary/President Shri. Santsena Maharaj Nabhik Bahuuddeshiya Shikshan Sanstha Pimpalner, Tal:-Mhada, Dist:-Solapur and others .. Respondents Mr. A. B. Tajane, for the Applicant/Petitioner. Mr. S. S. Shah, for the Respondent No.2.

Mr. S. D. Rayrikar, AGP for the Respondent Nos.4 and 5. CORAM : R.M. SAVANT, J.

DATE : 16th JULY, 2015 P.C.

1.

The above Civil Application has been filed by the original Petitioner seeking a direction to be issued to the Respondent No.3 to release the salary of the Applicant for the period 01.04.2007 to 31.03.2009 during which period the Applicant claims that he was working as a special teacher in the deaf and dumb school run by the Respondent Nos.1 and 2. The Applicant is also praying for two other BGP.

CAWST-12206-15.doc 16.07.2015 reliefs namely that the difference in salary on account of the 6th Pay Commission to be given to the Applicant for the said period that the amount to be paid with 24% interest. In so far as the claim of the Applicant for the said salary is concerned, pursuant to the notice issued to the Applicant the Regional Deputy Commissioner, Social Welfare has by his communication dated 09.03.2015 addressed to the District Social Welfare Officer directed the said Officer to consider the claim of the Petitioner. Though the said letter is of March 2015, it seems that the said letter has not been taken cognizance of. In my view, therefore, it would be just and proper to direct the Respondent No.3 herein i.e. Social Welfare Officer, Gat-A, Zilla Parishad, Solapur to act upon the letter of the Regional Deputy Commissioner, Social Welfare dated 09.03.2015 by taking a decision in respect of the claim of the Applicant within six weeks from date and submit a report to this Court. With the aforesaid directions, the Civil Application is disposed of.

[R.M. SAVANT, J] BGP.