Vitthal Ramaling Nivargi v. The State Of Maharashtra Thr Its Principal Secretary And ORS

97.WPNo.3682022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 368 OF 2022 Vitthal Ramaling Nivargi ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. C. G. Gavnekar a/w. Mr. Ashutosh Gavnekar, Advocate for the Petitioner.

Mr. K. S. Thorat, AGP for the Respondent Nos.1 to 4/State. Mr. Dnyanesh Patil a/w. Metanshu Purandare i/b. Mr. Aditya Raktade, Advocate for Respondent Nos.5 and 6. Mr. Meelan Topkar i/b. Ms. Pavitra Manesh, Advocate for Respondent Nos.7 and 8.

CORAM:

S.V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED :

SEPTEMBER 27, 2022 P.C.

1.

The petitioner seeks salary for a period from 1st June 2010 to 19th December 2010 and from 16th June 2011 to 14th March 2013. The petitioner is not paid salary from 1st June 2010 to 19th December 2010 on the ground that the work was not available with respondent No.7, whereas the salary is not paid to the petitioner from 16th June 2011 to 14th March 2013 on the ground that the order of repatriation was passed from SNDT to respondent No.7 College and it was for the petitioner to join respondent No.7. The order of repatriation is dated 19th May 2011.

2.

It would appear that the petitioner was transferred to SNDT under order dated 15th December 2010 and thereafter was repatriated to the parent institution (respondent No.7) Gaikwad RD 1/2

97.WPNo.3682022.doc under order dated 19th May 2011. This does not appear to be a matter of debate.

3.

It is also not the case of respondent that the petitioner did not join respondent No.7 on 16th June 2011 after the order of repatriation was passed.

4.

There was no reason for not paying the amount to the petitioner for the period from 16th June 2011 to 14th March 2013. Moreover, from 1st June 2010 to 19th December 2010, the salary is not paid to the petitioner on the ground that the work was not available with respondent No.7. It is not fault of the petitioner in that regard. The petitioner would be entitled for the salary from 1st June 2010 to 19th December 2010 and so also on repatriation from 16th June 2011 to 14th March 2013.

5.

The respondent No.7 shall submit the salary bills in respect of salary of the petitioner for the period from 1st June 2010 to 19th December 2010 and 16th June 2011 to 14th March 2013 to the Authority concerned. It is submitted that the post on which the petitioner was functioning is 100% grant-in-aid post. The salary bills shall be submitted preferably within two weeks from today. The concerned Authority shall process the salary bills within three months from the receipt of the salary bills. The respondent No.7 may consider the petitioner for grant of selection grade in tune with the norms.

6.

The writ petition is accordingly disposed of. No costs. (R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.09.29 14:13:36 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2