Prabhawati Vinayakrao Bhosale v. Vasantrao Naik Shikshan Prasarak Mandal Gangakhed Through Its President And Others

3014.20ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3014 OF 2020 IN WP/996/2009 PRABHAWATI VINAYAKRAO BHOSALE

VERSUS

VASANTRAO NAIK SHIKSHAN PRASARAK MANDAL, GANGAKHED, THROUGH IT'S PRESIDENT AND OTHERS ...

Mr C. V. Dharurkar, Advocate for applicant;

Mr P. D. Bachate, Advocate for respondent Nos.2, 3, 5 & 6, Smt. P. V. Diggikar, A.G.P. for respondent/State CORAM : SMT. BHARATI DANGRE, J.

DATE : 7th January, 2022 PER COURT:

1.

Heard the learned Counsel for the applicant, the learned Counsel for the respondent Nos.2 to 5 and 6 and the learned AGP for respondent State.

The application was taken out, seeking a direction to the respondents to forthwith forward the pay-bills of the salary of the applicant, w.e.f. 01/04/2009 and it is also prayed that respondent No.4 be directed to process the same.

In furtherance of the said application, the affidavit sworn by the Assistant Commissioner, Social Welfare, Parbhani is placed on record, wherein a categorical statement is made that the respondents have redressed the grievance of the petitioner. Along with the affidavit, a communication dated 16/12/2021, issued by

3014.20ca (2) the Section officer in the Department of the State Government, is placed on record. Perusal of the said communication, by which after referring to the history of the litigation, the permission has been granted to reinstate Smt. Prabhavati Bhosale w.e.f. 01/04/2019. It is directed that her salary shall be fixed for the pay slab applicable to her post and her name shall be included in the service portal, so as to release her salary.

2.

The learned AGP categorically makes a statement that since the order has been passed by the State Government on 16/12/2021, the respondent No.4 is duty bound to implement the same and the applicant will be paid her salary from the date of her regularization and she will continue to earn her regular salary per month.

It is made clear that on account of any lapse on the part of the respondents/authorities to abide by the same, the applicant is at liberty to take out a fresh application.

The civil application is disposed of.

(SMT. BHARATI DANGRE, J.) sjk