Nandkumar Sheshrao Magar And ORS v. The State Of Maharashtra And ORS
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.571 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders Mr.V.D.Salunke, advocate for the petitioners. Mr.K.G.Patil, Addl. Govt. Pleader for the State. Mr.V.D.Gunale, advocate for Respondent Nos.4 and 5. CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.
Date : 27.01.2015.
PER COURT :
1.
Heard.
2.
The learned counsel for the petitioners has given the details about the less salary. According to the petitioners, wherein grants which are yet to be received is amounting to Rs.25,75,350/- (Rupees twenty five lacs seventy five thousand three hundred fifty). According to the learned counsel for the petitioner, even the Management after having received some amounts of grants has paid amount of Rs.9,55,008/- (Rupees nine lacs fifty thousand and eight only ) less to the petitioners for all these years. 3.
According to Mr.Gunale, learned counsel for the
Management, whatever amount of grants towards the salary of the petitioner is received, the same is paid.
4.
Mr.Patil, learned Addl. Govt. Pleader states that an amount to the extent of Rupees twenty four lacs and odd is still payable on account of salary to the Institution i.e. in respect of salary. The proposal is also forwarded for the sanction of the said amount. 5.
The amount to the extent of Rupees twenty four lacs and odd payable for the salary to disburse grant to that extent is not disputed. As per the Respondents, the proposal is already pending with the Respondent No.2 for sanction of the said amount. The said proposal is pending for almost three years. It is high time, the Respondent No.2 takes decision and sanctions the said proposal accordingly. The Respondent No.2 shall within a period of four (4) months from the date of this order, process the said proposal and if found in order shall sanction the said amount, so as to make the payment to the petitioners.
6.
As far as the amount recoverable from the Management is concerned, the petitioners may give all these details to the Respondent No.3 - Joint Director of Higher Education. The Joint Director of Higher Education shall after considering the details given by the Petitioners and also seeking details from the Management shall take decision about the amount due and payable to the petitioners from the Management from the grants which were
received by the Management towards payment of salary. The decision shall be taken within a period of three (3) months from the date the details are given by the petitioners to the Respondent No.3. If some adverse orders are passed, the parties are at liberty to assail the same.
7.
The Writ Petition is accordingly disposed of. No costs. (V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) Dt..27.01.2015.
asp/office/wp571.10