Ravikumar Premchand Poul v. The State Of Maharashtra Through Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 WRIT PETITION NO.8651 OF 2023 RAVIKUMAR PREMCHAND POUL

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS Mr.R.S.Patil, Advocate for the Petitioner.

Mr.S.K.Tambe, AGP for Respondent Nos. 1 and 2. Ms.Yogita Thorat, Advocate for Respondent No.3. ( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : DECEMBER 5, 2023 PER COURT :

1.

The Petitioner has approached this Court against his suspension, that was followed by initiation of departmental proceedings, which culminated into an order of punishment in the nature of termination from service on 26.09.2023. The learned Advocate for the Petitioner submits that the Petitioner desires to prefer an appeal before the School Tribunal u/s 9 of the MEPS Act, 1977, within the limitation period. However, he is not paid suspension allowance as per the Rules.

khs/Dec.2023/8651

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Needless to state, a suspended employee has a right to suspension allowance and the employer is under a legal obligation to pay the suspension allowance untill the suspension lasts. 3.

In view of the above, this Petition is disposed off since the Petitioner would be approaching the School Tribunal. All contentions are kept open. If the suspension allowance has not been paid by the employer to the Petitioner, or there is any shortfall or deficit in the payment of such allowance, the employer shall clear the entire suspension allowance within 30 days from today, failing which, it would be a good ground for the Petitioner to canvass before the Tribunal that the disciplinary action is wholly vitiated.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Dec.2023/8651