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Bombay High CourtCP/511/2019disposed off

Pradeep Madhavrao Patil v. Audumbar Sampatrao Ukirde And Others

2023-07-20Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

32-sr.1042.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.511 OF 2019 IN WRIT PETITION NO.1363 OF 2018 Pradeep Madhavrao Patil (died) Through LRs.

1/1.

Anjali w/o. Pradeep Patil and ors.

..Petitioners Vs.

Audumbar Sampatrao Ukirde and ors.

..Respondents ---- Mr.U.B.Deshmukh, Advocate for petitioner Mr.A.R.Kale, APP for respondent no.1 Mr.V.D.Gunale, Advocate for respondent nos.2 to 4 ---- CORAM : R.G.AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATE : JULY 20, 2023 ORDER :- Heard.

2.

This Court, vide order dated 14.01.2019 in Writ Petition No.1363 of 2018, directed the Education Officer, as under:- "3.

The respondent/Education Officer shall take decision upon the proposal submitted by the management for grant of subsistence allowance to the petitioner for the period for which the petitioner is under suspension and is entitled to within a period of two (02) months from today. In case the proposal is not with the Education Officer, then the management may submit fresh proposal for grant of subsistence

32-sr.1042 allowance to the petitioner. The Education Officer shall consider the legal position and take decision upon the proposal."

3.

The petitioner was under suspension. Lateron, he was convicted. He preferred appeal against the conviction. Pending the appeal, he died. His legal representatives have been brought on record. The question is of payment of subsistence allowance to the petitioner. This Court had directed the Education Officer to consider the legal position and decide the proposal. Accordingly, the Education Officer has decided the proposal, observing that the petitioner was not suspended with prior permission of the Education Officer and therefore, State has no liability to pay the petitioner subsistence allowance. According to the Education Officer, it is the Management who is liable to pay the petitioner the subsistence allowance.

4.

In our view, the petitioner may have recourse to the appropriate proceedings for getting subsistence allowance either from the management and/or the State Government in Education Department or may challenge the Education Officer's decision. With these observations, the petition stands disposed of. [SANJAY A. DESHMUKH, J.] [R.G. AVACHAT, J.] KBP