Balaji Laxman Phad v. The State Of Maharashtra And Others

1 7-WP7891-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7891 OF 2019 Balaji S/o Laxman Phad .. Petitioner

Versus

The State of Maharashtra and Others .. Respondents Supriya Pansambal h/f Mr. V. D. Gunale, Advocate for Petitioner. Mr. S. B. Pulkundwar, AGP for respondent Nos. 1 to 5. CORAM :

S. V. GANGAPURWALA & MANGESH S. PATIL, JJ DATED : 29th JULY, 2019.

PER COURT:­ 1.

The learned Counsel for the petitioner submits that pursuant to the order passed by the School Tribunal directing reinstatement and payment of 30% back wages, the management had forwarded the proposal to the respondent No. 3. While granting order of approval the respondent No. 3 has observed that the back wages of 30% have to be paid by the management and Special District Social Welfare Officer jointly were liable to pay the back wages.

2.

The learned AGP accepts notice for respondent Nos. 1 to 5. 3.

Perusal of the order passed by the School Tribunal, it is manifest that order of termination was set aside and reinstatement with continuity was directed. So also payment of 30% back wages against respondent Nos. 1, 2

2 7-WP7891-19.doc and 3 of the appeal was ordered. The respondent No. 3 in the appeal was the Special District Social Welfare Officer, Beed. The said order is not assailed by the Special District Social Welfare Officer, Beed. 4.

In the light of the above, the respondent No. 5 is also required to consider about the payment of 30% back wages to the petitioner. The respondent Nos. 3 to 5 shall consider the proposal for grant of 30% back wages to the petitioner in tune with the order dated 30.10.2015 passed by the School Tribunal in Appeal No. 03/2015. The same shall be considered and decided expeditiously and preferably within a period of three (03) months from today.

5.

Writ Petition is accordingly disposed of. No costs. ( MANGESH S. PATIL ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.