Baban Shridhar Dixit v. Ahilya Devi Shikshan Prasarak Mandal Khanepuri And Others

(1) 66-wp-8831-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 WRIT PETITION NO.8831 OF 2018 BABAN SHRIDHAR DIXIT ..PETITIONER

VERSUS

AHILYA DEVI SHIKSHAN PRASARAK MANDAL KHANEPURI AND OTHERS ..RESPONDENTS ...

Dr. R. J. Godbole, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondents-State. Mr. Vivek J. Dhage and Mr. D. A. Karnik, Advocate for Respondent Nos.1 and 2.

...

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATED : 6th MARCH, 2019.

PER COURT:- 1.

We have heard Mr. Godbole, learned counsel for the petitioner.

2.

Mr. Dhage, learned counsel for the Institution submits that if the salary bills regarding the back wages is not forwarded, then as per the judgment of the School Tribunal the Institution would forward the salary bills of the petitioner with regard to the back wages within a period of two weeks from today.

3.

The Education Officer (Secondary), Zilla Parishad, Jalna shall after receipt of the salary

(2) 66-wp-8831-2018 bills shall process the same and shall pay the salary as per the judgment of the School Tribunal in Appeal No.38/2011 dated 08.08.2016 that is of Assistant Teacher with effect from 22.07.2011 till 01.08.2016. We have passed this order on the ground that the School Tribunal has already decided the issue amongst the parties in which the Education Officer was also party in the proceedings.

4.

Mr. Karlekar, learned A.G.P. submits that in the affidavit he has stated that the Education Officer was to take steps with regard to the judgment of the School Tribunal.

5.

Our order is on the basis of the judgment of the School Tribunal. If there is no stay to the judgment of the School Tribunal, the same is also binding upon the Education Officer.

6.

Writ Petition is disposed of. No costs.

(A. M. DHAVALE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/March-19