Mrs. Aparna Vidyadhar Bhagat v. State Govt. Of Maharashtra, Through Secretary, Education Dept, Secondary And Pri. Sec And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 497 of 2014 Mrs. Aparna Vidyadhar Bhagat ...

Petitioner v/s.

State Govt. of Maharashtra, Mantralaya & others.

...

Respondents Mr. B.U.Tayade for the petitioner.

Mr. Rui Rodrigues a/w. Shweta Iyengar I/b. Dushyant Kumar for respondent no.2.

Mr. Ameya Borwankar I/b. V.D.Borwankar for respondent no.11. Mr. Ashutosh Gavnekar I/b. C.G.Gavnekar for respondent no.7. Mr. A.G.Kothari I/b. A.S.Dayal & associates for 3,12 and 13. Mr. Gaurav Thakur i/b. Mr.S.B. Kalel, AGP for the State. CORAM : B.R. GAVAI & DAMA SESHADRI NAIDU, JJ 3rd APRIL 2019.

P.C.

The petitioner raises various claims with regard to arrears of salary on the ground that salary has not been paid to her properly.

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We find that the petition deserves to be dismissed on two short grounds; firstly the claim is for a period 1996 onwards till the date of filing of petition. Even if the the petitioner is entitled to raise a claim, the said claim can be at the most for a period of three years prior to the date of making such a claim.

3.

Apart from that, perusal of document at page-60 of the petition would reveal that since the petitioner had gone on hunger strike, a hearing was held before Sub-divisional officer, and Sub-divisional officer after hearing the parties partly allowed the claim. As it appears from the proceedings, the adjudication was with the consent of the parties.

4.

It is the specific case of Shri Kothari, the learned Counsel appearing on behalf of respondents 3,12, and 13, that said respondents have complied with the decision taken by Sub-divisional Officer on 10th September, 2009.

5.

Though the learned Counsel for the petitioner orally tried to submit that the said decision is also not complied with, then the question would arise as to what petitioner was doing since 2009 till 2014.

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In that view of the matter, no case is made out for interference. Writ Petition stands rejected.

(DAMA SESHADRI NAIDU, J) (B.R.GAVAI, J) L.S. Panjwani, P.S.