Ashok Udhav Kothawale v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1840 OF 2023 ASHOK UDHAV KOTHAWALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Shri Dhengle Babasaheb A. AGP for Respondents 1 to 3/State : Shri S.G. Karlekar ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :- 20th February, 2023 Per Court :- 1.

The petitioner has put forth prayer clauses B and C as under:- "B) By issuing appropriate writs/Order or directions the Education Officer(Secondary) Z.P. Osmanabad may kindly be directed to release the back wages to payment of 40% the petitioner as per the direction issued in writ petition No. 10565/2015, by the Hon'ble Single bench of High Court by judgment and order dated, 1/4/202.

C) Pending hearing and final disposal of this writ petition, by issuing writ or appropriate order in the nature of directions the respondent No. 2 & 3 may kindly be directed to pay / release the 40 % back wages of the petitioner forthwith, as directed in the order passed in the W.P. NO.

1065/2015."

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This Court cannot initiate the execution proceedings to ensure that the judgment and directions of the learned Single Judge, are implemented. The petitioner has a remedy of a different nature.

3.

As such, this petition is disposed off.

4.

Needless to state, the petitioner can avail of the remedy as is statutorily permissible.

kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)