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Bombay High CourtWP/1076/2012disposed offdismissed for default

Chandrakant Prabhakar Misal v. The State Of Mah And ORS

2015-01-27Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1076 OF 2012 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.C.V.Dharurkar, advocate for the petitioner. Mr.G.R.Nagargoje, advocate for Respondent No.3. Mr.Vivek Bhavthankar, advocate for Respondent No.4 Mr.C.V.Thombre, advocate for Respondent No.5. Mr.G.K.Naik Thigle, Addl. Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 27.01.2015.

PER COURT :

1.

Heard.

2.

The dispute is about the payment of salary to the petitioner from the year 2005-2011/12. There are rival contentions in this regard. According to the Respondents, the salary to the petitioner of the said period is paid and has submitted Pay Bill Register. The petitioner denies his signature on the said Pay Bill Register and also denies the contention of the petitioner having received any amount towards the salary. The signatures on the Pay Bill Register is also denied by the petitioner.

3.

It would not be possible for this Court to investigate about

the genuineness of the claims made by either parties. It would be appropriate for the petitioner to approach the Deputy Director of Education, who would consider the record, make necessary inquiry and arrive at a conclusion by considering all the relevant aspects. 4.

In light of the above, we pass the following order : a) The petitioner shall put forth his grievance by way of representation/application to the Deputy Director of Education, regarding the claim towards unpaid salary. The Education Officer shall after hearing the Respondents and considering the record produced by either parties, decide about the said claim expeditiously, preferably within four (4) months from the date of receipt of application/representation. It is made clear that in view of the fact that we have directed the parties to approach the Deputy Director of Education, we have not considered the submissions of learned counsel for either parties on merits. b) The Writ Petition is disposed of. No costs.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) Dt..27.01.2015.

asp/office/wp1076.12