Balasaheb Sukhadeo Khule v. The State Of Maharashtra And Others

2025:BHC-AUG:15506-DB {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO. 109 OF 2013 IN WP/3955/2010 Balasaheb Sukhadeo Khule .....Petitioner

VERSUS

The State Of Maharashtra And Others .....Respondents .....

Mr. Amol Joshi, Advocate for the petitioner Mr. N.S. Tekale, AGP for State Mr. V.P. Patil, Advocate for respondent No. 4 WITH CIVIL APPLICATION NO. 3443 OF 2015 IN CP/109/2013 .......

CORAM : NITIN B. SURYAWANSHI AND SANDIPKUMAR C. MORE, JJ.

DATE :

18th JUNE, 2025 ORDER :

1.

In Writ Petition No. 3955/2010, this Court has given following directions:

"6.

We, therefore, direct Respondents No. 4 and 5 to extend to present petitioner the benefits of the 5th Pay Commission from the date from which the same have been extended to teaching staff and to pay his current salary in appropriate pay scale. The current salary for the month of July 2012 payable in August 2012 shall be revised, accordingly. So far as arrears are concerned,

{2} those will be cleared within a period of four months from today."

2.

In terms of the directions of this Court, since the arrears of petitioner were not paid, the land belonging to respondent Institution namely Shri Shivaji Shikshan Prasarak Mandal was put for auction and it was sold for a consideration of Rs.8,05,00,000/- on 15th May, 2025.

3.

Authorised officer of the said Institution has addressed the letter dated 30th May, 2025 to their Advocate informing that 31 R land of the Institution out of Survey No.416/1/B was auctioned by the Tahsildar in terms of order passed by this Court on 10th March, 2025 for consideration of Rs.8,05,00,000/-. Thereafter, on 31st May, 2025 Election of the Sugar Factory which is the parent body of the Institution has taken place. Request is made to bring to the notice of this Court that till the dues of the petitioner are paid non-salary grants of the Institution were stopped. Since the dues are being cleared the non-salary grants may be directed to be paid. After clearing dues of Rs.1,28,00,000/- of the petitioner and similarly situated petitioners in connected contempt petitions, remaining amount of sale be deposited in the current account of the Institution for

{3} payment of dues of other employees of provident fund, dues of the Institution and to augment essential facilities in all the Schools run by the Institution. The said letter is marked as Exhibit-'X' for identification purposes.

4.

In the light of above, we direct the respondent Tahsildar and Education Officer to pay the arrears of the petitioner and similarly situated petitioners in connected contempt petitions as per their entitlement within a period of eight weeks from today. After payment of dues of petitioner and other similarly situated petitioners in connected contempt petitions balance amount be deposited in the current account of the respondent Institution, details of which are mentioned in letter at Exhibit- 'X'.

5.

Contempt Petition stands disposed of in the above terms.

6.

In view of disposal of contempt petition, pending civil applications stand disposed of.

(SANDIPKUMAR C. MORE, J.) (NITIN B. SURYAWANSHI, J.)