Mr. Khedkar Balasaheb Mahaterdeo v. The President / Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10306 OF 2014 Mr. Khedkar Balasahebe Mahaterdeo ... Petitioner

Versus

The President/Secretary, Vidya Prasarini Sabha and Ors.

.. Respondents Ms. Kumud Bhatia for the petitioner.

Mr. R.S. Sawant i/by Mr. S.V. Pitre for respondent nos. 1 to 2. Ms. R.M. Shinde, AGP for respondent nos. 4 to 6. CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATED : OCTOBER 15, 2016.

P.C.

Parties through their counsel.

2.

At the outset it has been stated by the learned counsel for the petitioner that the impugned order dated 4.10.2014 Exhibit. "E" passed by the Education Officer (Primary) Zilla Parishad, Pune has been withdrawn vide oder dated 7.7.2015. On going through the same, it is clear that the order impugned in this petition has been withdrawn. As a result, in our considered view, nothing survives in this petition. However, learned counsel for the petitioner has submitted that from the date of passing of the

14­wp­10306.2014.sxw impugned order i.e. 4.10.2014 to 7.7.2015, though the petitioner was entitled for the salary, the same has not been paid to him. The salary only after the passing of the impugned order is paid. Keeping in view the aforesaid submissions, we expect from the Education Officer, (Primary), Zilla Parishad to look into the petitioner's grievance about non payment of the salary to him from 4.10.2014 to 7.7.2015 and pass necessary order as expeditiously as possible but not latter than three months from the date of receipt of copy of this order. Petitioner to submit copy of this order along with representation to that effect before the said Authority. 3.

Petition is disposed of accordingly.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.)