Parveen Sultana Abdul Razzak Jamana v. Tajeem Education Society And Others

51 wp.5011.13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION WRIT PETITION NO. 5011 OF 2013 PARVEEN SULTANA ABDUL RAZZAK JAMANA

VERSUS

TAJEEM EDUCATION SOCIETY AND OTHERS ...

Advocate for Petitioner : Mr. Rudrawar S.G.

Advocate for Respondent No.1 : Mr. A.V.Patil. Advocate for Respondent No.3 : Mr. V.C.Patil, Advocate i/b Mr. Bondar U.B. ...

CORAM :

S. V. GANGAPURWALA and V. L. ACHLIYA, JJ.

DATE :

02nd March, 2015.

P.C.:

.

Mr.Rudrawar, learned counsel submits that the Education Officer has granted approval to the appointment of Petitioner from 2nd May, 2014 and has passed the order that salary prior to that has to be claimed from the Management.

Mr.Patil, learned counsel for the Respondent submits that the Petitioner had filed proceedings before the School Tribunal. Pursuant to the compromise in the said proceedings, the School Tribunal has passed an order directing the Management to pay the salary from 2005 to 2011 and to pay regular salary. The said order is assailed by the Management in Writ Petition No.6367 of 2011, and the same is pending. As the approval is already granted by the Education Officer, the prayer would not survive regarding the approval. If the Petitioner has any grievance about the non-grant of approval from 2005 onwards, then the Petitioner has a separate cause of action. As far as the salary is concerned, the same is already a subject matter in the writ petition filed

51 wp.5011.13.odt by the Management as referred above. The same would be considered in the said writ petition.

In light of the above, the present writ petition is disposed of. All contentions of the learned counsel for the parties are kept open. No costs.

[ V. L. ACHLIYA, J. ] [ S. V. GANGAPURWALA, J. ] ndm