Mr. Harivansh Ramsevak Dubye v. Ved Vidyalay Hindi (Primary), Thane, Through Head Master And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8078 OF 2012 WITH CIVIL APPLICATION NO.516 OF 2017 IN CIVIL APPLICATION NO.1265 OF 2015 IN WRIT PETITION NO. 8078 OF 2012 Shri. Kamata Prasad Vijay Bahadur Singh ..Petitioner Vs.

Ved Vidyalaya Hindi (Primary) and Others ..Respondents WITH WRIT PETITION NO.8080 OF 2012 WITH CIVIL APPLICATION NO.517 OF 2017 IN CIVIL APPLICATION NO.1264 OF 2015 IN WRIT PETITION NO. 8080 OF 2012 Mr. Harivansh Ramsevak Dubye ..Petitioner Vs.

Ved Vidyalaya Hindi (Primary) and Others ..Respondents Mr. S. S. Aradhye i/b Ms Deepali Y. Deherekar, for the Applicant/Petitioner.

Aswale 1/3

Mr. Mandar Limaye, for Respondent No.3.

CORAM :- SHANTANU S. KEMKAR & B.P.COLABAWALLA, JJ.

DATE :- MARCH 30, 2017.

P. C.:

Writ Petition Nos.8078 of 2012 and 8080 of 2012 not on Board. Taken on Board.

Since Rule was already granted on 21st December, 2013, with the consent of parties, the matters have been finally heard.

When the matters came up for hearing, the only prayer is made to dispose of these Petitions with liberty to the Petitioners to submit a detailed submission in regard to their claim about salary arrears and to direct Respondent No.3 to consider and decide the said claim after giving due opportunity of hearing to the Petitioners as also to Respondent Nos. 1 and 2 -Management.

In view of the aforesaid limited prayer, we dispose of these Petitions with liberty to the Petitioners to submit the Aswale 2/3

detailed submission with supporting documents before Respondent No.3. On receipt of the same, Respondent No.3 shall fix a date of hearing giving notice to the Petitioners as also Respondent Nos.1 and 2. After giving opportunity of hearing to all concerned, Respondent No.3 shall pass a reasoned order in regard to the Petitioners' claim. Let this exercise be completed within three months from the date of receipt of a copy of this order. Rule is made absolute in the aforesaid terms.

Needless to state that Respondent No.1 School being unaided, the decision only in regard to the entitlement regarding the quantum of unpaid salaries is to be taken by Respondent No.2.

Both Writ Petitions are disposed of.

In view of the disposal of the aforesaid Petitions, the above Civil Applications also stand disposed of. (B. P. COLABAWALLA, J.) (SHANTANU S. KEMKAR, J.) Aswale 3/3