Shivram Wamanrao Ubale v. Dr. Vandana Krishna And Others

944cp309.20

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 944 CONT. PETITION NO.309 OF 2020 IN WP/2235/2017 SHIVRAM WAMANRAO UBALE

VERSUS

DR. VANDANA KRISHNA AND OTHERS ...

Advocate for Petitioner : Mr.Salgare Vitthal G. Advocate for Respondent Nos. 2 & 3 :Mr. P.K Nikam ...

CORAM : RAVINDRA V. GHUGE, & ANIL L. PANSARE, JJ.

DATE : 17th JUNE, 2022.

PER COURT :

1.

It is undisputed that the amount of Rs. 4,14,920/- has been deposited in this Court by respondent No. 2, the Management, on 12.03.2022, within the time frame. The dispute before us presumably survives as the calculation of 75% of the basic pay plus admissible dearness allowance and other allowances for the period of 50 days viz. 10.10.2016 to 30.11.2016, is unpaid. The management has paid Rs. 26,608/- to the petitioner. The petitioner has filed a Civil Application (not yet registered), indicating that an amount of Rs. 58,600/- will have to be paid and by subtracting the amount paid, the balance amount will be Rs. 31,997/-.

2.

Both the learned Advocates agree that this Court should not venture into making calculations in the Contempt Petition

944cp309.20 proceedings and the matter should be relegated to the Education Officer, Primary, respondent No. 4 herein. Both have agreed that whatever would be the decision of the Education Officer with regard to the calculations, would be accepted by them. 3.

In view of the above, by consent of the petitioner, this petition is disposed off.

4.

Both shall appear before respondent No. 4 with their respective calculations, on 30th June, 2022 at 12.00 noon and the Education Officer shall thereafter, consider the record and pass an order on or before 15th July, 2022.

5.

The pending Civil Applications, if any, stand disposed off. ( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE mahajansb/