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Bombay High CourtWP/11453/2014disposed offdismissed for default

Sanjay Atmaram Beldar And Others v. The State Of Maharashtra And Others

2015-07-06Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav3 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.11453 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.G.V.Wani, advocate for the Petitioners. Mr.V.A.Shinde, Asstt. Govt. Pleader for the State. Mr.V.B.Patil, advocate for Respondent Nos.3 and 4. CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.

Date : 06.07.2015.

PER COURT :

1.

Heard.

2.

Mr.Wani, learned counsel states that petitioners are entitled for the time bound promotional pay-scale, the same has not been granted nor the Management had submitted the proposal. Mere pendency of inquiry would not be an impediment for the petitioners to get the benefit of time bound promotional pay-scale. According to the learned counsel, after filing of the present petition, the Respondents have submitted proposal to the Education Officer (Exh.R-4-page 70). In fact, the Education Officer has directed the Management to submit the proposal as the petitioners are entitled for the same.

3.

Mr.Patil, learned counsel for the Management submits that

now the proposal is submitted, however, subsequently recovery is claimed, Management should not be held responsible. The Inquiry is also stalled.

4.

We have also heard learned Asstt. Govt. Pleader. 5.

The Education Officer has issued directions to the Management (Exh.A) to submit the proposal as the petitioners are eligible for the time bound promotional pay-scale. It appears belatedly on 19.6.2015, the Management has submitted the proposal. One of the prayer clauses made by the petitioners stands complied.

6.

Considering the fact that the proposal is filed with the Edcuation Officer, we pass the following order : a) The Education Officer shall take decision on the said proposal (Exh.R-4) in tune with its letter dated 11.3.2014 (Exh.Apage 80) expeditiously within three (3) months. b) The Writ Petition is accordingly disposed of. No costs. (V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) Dt.06.07.2015.

asp/office/wp11453.14