Chandrakant Rajaram Tapkir And ORS v. The State Of Maharashtra And ANR

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2022.02.08 16:30:26 +0530 sg 1/2 13.wp9079-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9079 OF 2021 Chandrakant Rajaram Tapkir And Ors.

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Petitioners v/s.

The State of Maharashtra & Anr.

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Respondents ....

Mr. Kisan D. Dhamale, for the Petitioners.

Mrs. P.J. Gavhane, AGP, for State.

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CORAM: NITIN JAMDAR & AMIT BORKAR JJ.

DATE : 3 FEBRUARY 2022.

(Through Video Conferencing) P.C:- This petition is filed by three Petitioners making a grievance that even though they are working as assistant teacher, junior clerk and peon, respectively, in Bhairavnath Madhyamik Vidyalaya, At Post-Ozarde, Taluka-Maval, Dist. Pune, they have not being paid their salary. They have sought a relief that Respondent No.2 should release the salary grant of the Petitioners.

2.

Not only the Management where the Petitioners are working are not Co-Petitioners, they are not even joined as a party to this petition. Primary responsibility to pay the salary is of the

sg 2/2 13.wp9079-21.doc Management. Merely because the State Government has not released the grant, the Management cannot take a stand that salary to the teachers will not be paid. That being the position, it is not necessary for us to entertain the petition except directing the Petitioners to claim the salary from the Management, which is stated to be due and it is open to the Respondent Management to claim the same from the State Government as per law if permissible.

3.

Writ petition is accordingly disposed of.

(AMIT BORKAR J.) (NITIN JAMDAR, J.)