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Bombay High CourtCP/518/2019disposed offdismissed for default

Govind Bapurao Jotkar v. The State Of Maharashtra And Others

2019-11-06Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Anil S. Kilor2 pages

1 CP518.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CONTEMPT PETITION NO. 518 OF 2019 IN WRIT PETITION NO. 14974 OF 2017 Govind Bapurao Jotkar .... Petitioner

Versus

The State of Maharashtra & Ors.

....Respondents ..........

Appearance:- Shri. Ramesh I. Wakade, Advocate for the petitioner Shri. S. P. Sonpawale, AGP for respondent/State .............

CORAM : PRASANNA B. VARALE AND ANIL S. KILOR, JJ.

DATE : 06TH NOVEMBER, 2019 PER COURT:- 1.

Heard learned counsel for the petitioner. Perused the order passed by this Court dt. 31.07.2018.

2.

In response to the notice issued to respondent No. 3, affidavit-in-reply is filed by Shri. V. K. Khandke, Dy. Director of Education, Aurangabad Region, Aurangabad. It is stated in the affidavit that, in compliance of the order of this Court, hearing of the parties was scheduled on 25.09.2018 and it was adjourned to 12.10.2018. At the request of the parties, it was again adjourned to 05.11.2018. Ultimately, on 08.08.2019, on hearing the parties, the

2 CP518.2019 Dy. Director of Education passed an order. Copy of the order is placed on record along with the affidavit-in-reply as Exh. "R-1". The Dy. Director of Education arrived at a conclusion that, the School in which the petitioner was rendering his services is a private unaided secondary school. On perusal of the record, the Dy. Director of Education further found that the Management of the school extracted the work from the petitioner for the year 2010-11 and 2012-13 and as such, it is the responsibility of the management to pay the salary to the petitioner for that period and accordingly the order is passed. As the order of this Court is now complied with and the financial burden of payment of liability is fastened on the Management, the purpose of approaching this Court is now duly served. The Contempt Petition is accordingly disposed of.

3.

Needless to state that, if the petitioner has any grievance for unpaid salary for the year 2013-14 or onward, the petitioner is at liberty to avail the appropriate remedy and to approach the competent forum including the judicial forum for redressal of his grievance.

[ ANIL S. KILOR ] [ PRASANNA B. VARALE ] JUDGE JUDGE Punde