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Bombay High CourtWP/2253/2013disposed offdismissed for default

Shivaji Basavanappa Koli v. The State Of Maharashtra And Others

2019-04-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2253 OF 2013 Shivaji Basavanappa Koli .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Anil S. Golegaonkar, Advocate for the Petitioner. Shri A. B. Chate, A.G.P. for Respondent Nos. 1 and 2. Shri Aniruddha A. Nimbalkar, Advocate for Respondent Nos. 4 and 5.

CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 22ND APRIL, 2019.

FINAL ORDER :

.

Heard Mr. Golegaonkar, the learned advocate for the petitioner and Mr. Nimbalkar, the advocate for the respondent/institution.

2.

According to Mr. Golegaonkar, the learned counsel for the petitioner the amount outstanding towards arrears of salary as per the judgment of the Divisional Social Welfare Officer, Latur is Rs. 5,77,423/-.

3.

Upon hearing the learned counsel for parties and going

2 wp 2253.13 through the orders passed by the Divisional Social Welfare Officer, Latur and the judgment of the learned Single Judge of this Court in writ petition, it is manifest that the petitioner has a right to claim salary (unpaid wages) till the date of his oral termination i. e. 13th August, 2003. It also appears that, as per the order of the Divisional Social Welfare Officer the petitioner was untrained upto the year 1997-1998 and thereafter petitioner secured qualification (C.T.C. certificate). The petitioner certainly would be entitled for the amount as per the directions of the Divisional Social Welfare Officer.

4.

The petitioner shall give the figure of the amount, which the petitioner is entitled to from the respondent/institution. The respondent/institution shall verify and pay the petitioner the dues as per the order of the Divisional Social Welfare Officer, Latur and confirmed by the learned Single Judge of this Court in writ petition. The respondent/institution shall pay Rs. 2,00,000/- (Rs. Two Lacks only) to the petitioner within a period of four (04) weeks from today and the remaining amount shall be paid by the respondent/institution to the petitioner within a period of three

(03) months thereafter. The writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/April 19