Shashikant Shankarrao Dhirdikar v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:15688-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

928 WRIT PETITION NO. 4036 OF 2024 Shashikant Shankarrao Dhirdikar

VERSUS

The State Of Maharashtra Through Its Secretary And Others .....

Shri. V. S. Panpatte, Advocate for the Petitioner Shri. P. S. Patil, Addl. G. P. for the Respondent Nos.1 to 3 Shri. U. B. Bilolikar, Advocate for Respondent No.6 .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Dated : JUNE 18, 2025 PER COURT :- .

The Petitioner, who was working as Speech Therapist and Audiologist with Respondent No. 5 - Management, came to be Suspended. Subsequently, he was reinstated. Thereafter, he was again Suspended and Terminated from service. The Petitioner has made the following prayers in this Petition.

"A) For a writ of mandamus, Order or direction in the nature of mandamus directing the respondents herein to pay the Subsistence Allowance for the period of 04.12.2017 to 09.05.2018 and 22.10.2018 to 24.09.2021 and the regular salary for the period of 10.05.2018 to 21.10.2018 within such stipulated period as this Hon'

ble Court may deem, fit and proper.

B) For a writ of mandamus, Order or direction in the nature of mandamus directing the respondent No.4 to pay the Subsistence Allowance and salary to the petitioner pursuant to the Proposal dated 08.06.2023, 09.08.2023 and 28.08.2023 submitted by the respondent No.5 within such stipulated period as this Hon'ble Court may deem, fit and proper. C) For a writ of mandamus, Order or direction in the nature of mandamus directing the respondents Nos.4 and 5 to comply the Order dated 29.12.2023 (Exhibit 'E'), passed by the respondent No.3 within stipulated period with further direction to the respondents to pay the Back-wages of salary to the petitioner from the date of termination i.e. 25.09.2021 till

the date of reinstatement and further regular salary from the date of reinstatement.

D) Pending hearing and the final disposal of the present Writ Petition, the respondents Nos.4 and 5 herein may kindly be directed to reinstate the petitioner in service forthwith pursuant to the Order dated 29.12.2023, passed by the respondent No.3 in Appeal No.04/2021.

E) Pending hearing and the final disposal of the present Writ Petition, the respondents herein may kindly be directed to pay an amount of Rs.9,24,309/- to the petitioner towards the petitioner towards the provisional subsistence Allowance and Back wages of salary.

F) Pending hearing and the final disposal of the present Writ Petition, the respondents herein may kindly be directed to deposit an amount of Rs.9,24,309/- in this Hon' ble Court towards the provisional Subsistence Allowance and Back wages of salary.

G) Ad-interim relief in terms of prayer clause 'D' , 'E' and 'F'

.

H) Pass such other orders which are necessary in the facts and circumstances of the case in favour of the petitioner." 2.

After hearing both the sides for some time, the learned Advocate for the Petitioner restricts his prayers to prayer clauses ' A' and 'B' only.

3.

The learned Addl. G. P. tenders across the bar copy of the communication dated 01.06.2023 issued by Respondent No. 6 - Educational Trust to the Respondent No.4 - District Social Welfare Officer seeking guidance whether to recover the amount of salary and the allowance from the Petitioner as the Petitioner was dismissed from services on the Charge of misappropriation. There is another communication at page no.74 of the Petition dated 25.08.2023 subsequent to the said communication, which is sent by the Regional Deputy Commissioner, Social Welfare Division, Latur to Respondent No.4 - District Social Welfare Officer, Zilla Parishad, Nanded referring to

the crime registered against the Petitioner and considering the communications referred therein, directed payment of Salary and Subsistence Allowance to the Petitioner. The said communication is reproduced below.

4.

It is needless to state that the Subsistence Allowance cannot be withheld for unlimited period. It is required to be paid to the concerned employee / delinquent as per the rules. Considering all the above aspects, we proceed to pass the following order.

ORDER

(i) The Petition is partly allowed.

(ii) The Respondent No.4 - District Social Welfare Officer, Zilla Parishad, Nanded to take decision in respect of the above referred communication dated 25.08.2023 issued by the Respondent No.3 to him, which is at page no.74 of the Petition and reproduced above, within a period of two (2) weeks from the date of receipt of this order. (iii) Petition stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP