Shri Rameshwar Shivram Kamble And ORS. v. The State Of Maharashtra And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 11304 of 2015 Shri Rameshwar Shivram Kamble & others ...

Petitioners v/s.

The State of Maharashtra & ors.

...

Respondents Mr. Dilip Bodake a/w. Mr. Sharad Bhosle for the Petitioners. Mr. V.M.Mali, AGP for Respondent Nos. 1 to 3. Mr. Mandar V. Limaye a/w. Mr. Vaibhav P. Patankar i/b. Patankar & Associates for Respondents 4 and 5.

Digitally signed by LATA SUNIL PANJWANI Date:

2022.04.06 11:37:59 +0530 CORAM : SUNIL B.SHUKRE & LATA SUNIL PANJWANI G.A. SANAP, JJ.

29th March 2022 P.C.

We have heard this matter quite extensively. What we find here is a dispute between the Petitioners and the management i.e. Respondent Nos. 4 and 5 as regards the nature of services rendered by these Petitioners. According to Petitioners, they rendered their services on full time basis, initially as Shikshan Sevak and later on as Assistant

2/3 8 wp11304.15.doc Teacher while the Respondent Nos. 4 and 5 contend that the Petitioners were appointed on clock hour basis and the College has also been closed from the year 2017 and, therefore, the only issue that may remain here is about payment of salary to the Petitioners on clock hour basis for the period from 2015 to 2017.

2.

In our view even for deciding the issue of payment of salary, it would be necessary to first resolve the dispute about the nature of services rendered by the Petitioners and in our view, this can be appropriately considered, especially when this dispute involves disputed questions of facts, by the Dy. Director of Education i.e. Respondent No.2 to whom two representations were made by the Petitioners earlier.

3.

In view of the above, we direct Respondent No.2 to decide the representations dated 24th July 2015 and 16th September 2015 sent to him by the Petitioners, in accordance with law and at the earliest preferably within three months from the date of appearance of Petitioners and Respondent Nos.4 and 5. In order to facilitate the enquiry and the decision by the Respondent No.2, Petitioners would be at liberty to file copies of their representations dated 24th July 2015 and 16th September 2015 once again before Respondent No.2. The Petitioners and Respondents would also be at liberty to file the relevant

3/3 8 wp11304.15.doc documents before the Dy. Director of Education. 4.

Parties to appear before the Dy. Director of EducationRespondents No.2 on 11th April 2022. 5.

The Petition is disposed of in the above terms. No costs. 6.

All questions are kept open.

(G.A.SANAP, J) (SUNIL B.SHUKRE, J) Lata Panjwani, P.S.