Dilipkumar Shripatrao Patil And Others v. The State Of Maharashtra And Others

11007.15wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11007 OF 2015 DILIPKUMAR SHRIPATRAO PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Tripathi Manish P. AGP for Respondents/State: Mr.A.G. Magre.

...

CORAM : S.S. SHINDE & P.R. BORA, JJ.

Dated: JANUARY 29, 2016 ...

PER COURT:- The learned counsel appearing for the petitioners undertakes to deposit the deficit court fees, if any, within two weeks from today.

2.

These Petitions take exception to the inter-se communications between the Director of Education (Primary), Maharashtra State, Pune and the respondent no.1 herein.

3.

In our opinion, the Petition is premature. As and when the petitioners or the schools in which the petitioners are serving, receive any notice or communication from the concerned competent authority for termination of the services of the petitioners, it will be open for the concern/affected parties to take appropriate remedy, as may be available in law.

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So far grievance of the petitioners for payment of salary for the services, which they have already rendered, and to that effect if proposals are already submitted by the Management, we direct the Respondent no.3 to take decision on the said proposal, in accordance with relevant rules/procedure, as expeditiously as possible, however, preferably within 8 weeks from today.

5.

Needless to observe, the concerned authority will be entitled to verify the factual details about actual services rendered etc., of each of the petitioners. In case, the petitioners are found entitled for the salary, respondent no.3 shall ensure that, the petitioners receive salary within four weeks from decision on the proposal submitted by the management.

6.

In view of the above, the petition is dismissed as withdrawn. Dismissal of this Petition would not be construed as an impediment to the petitioners, so as to seek appropriate remedy before the appropriate forum in case they receive the individual notices of terminating their services.

( P.R. BORA, J. ) ( S.S. SHINDE, J. ) kadam/*