The President Secretary Sain Francis D Sales Education Society Through Its President And Another v. The State Of Maharashtra Through Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4667 OF 2023 IN WP/2094/2021 THE PRESIDENT, SAINT FRANCIS D SALES EDUCATION SOCIETY THROUGH ITS PRESIDENT AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Applicants : Shri Vikram S. Kadam AGP for Respondents 1 to 3/State : Shri S.K. Tambe Advocate for the Respondents/ Original Petitioners : Shri R.B. Temak i/by Shri S.R. Andhale ...

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

DATE :- 06th April, 2023 Per Court :- 1.

The Applicant has put forth prayer clause B as under:- "B) The time limit granted by this Hon'ble Court to the applicants for payment of arrears of salary upto March 2023, by order dated 04.04.2022 in Writ Petition No. 2094 of 2021, may kindly be extended and the applicants may kindly be given extension of one year i.e. upto March, 2024 for payment of arrears of salary the staff and for that purpose issue necessary orders."

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The Writ Petition was disposed off by order dated 04.04.2022. Considering the covid-19 pandemic and the reasons set out in the order, we permitted the Management to recover the arrears of fees from the parents of students and pay the arrears of salaries to the teaching and non teaching staff. The Applicant now prays for extension of one year time for clearing the outstanding payments.

3.

The learned Advocate holding for Shri S.R. Andhale, on behalf of Respondent Nos.5 to 15/original Petitioners, submits on instructions that the extension be granted, as a last chance, only for a period of six months from today. 4.

The learned Advocate for the Applicant/ School Management submits that the School Management is making it's best efforts for recovering the unpaid fees from the parents. If the arrears of fees are recovered, there would be no problem in clearing the salaries of non teaching and teaching staff. It all depends on the recovery of arrears of fees.

5.

Since we have already permitted the Management to recover the arrears of fees, it would be appropriate to grant extension of six months for clearing the unpaid amounts of the

*3* teaching and non teaching staff in monthly installments. With these directions, this Civil Application is disposed off. kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)