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Bombay High CourtCA/8557/2022dismissed

Sanjay Chintaman Shrikant v. Shiva Bramha Multipurpose Vikas Mandal Maliwada Kannad Through Its President And Others

2022-06-14Hon'Ble Shri Justice Mangesh S. Patil2 pages

906-CA NO.8557 OF 2022 IN WP-6851-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.8557 OF 2022 IN WP/6851/2018 SANJAY CHINTAMAN SHRIKANT

VERSUS

SHIVA BRAMHA MULTIPURPOSE VIKAS MANDAL MALIWADA KANNAD THROUGH ITS PRESIDENT AND OTHERS . . .

Advocate for Applicant : Dr. R. J. Godbole AGP for Respondent - State : Mr. S. N. Morampalle . . .

CORAM : MANGESH S. PATIL, J.

DATED : 14 JUNE 2022 PER COURT :

1.

This is an application by the employee who is respondent in the writ petition preferred by the management against the judgment and order passed by the school tribunal allowing his appeal preferred under section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 and directing reinstatement. 2.

By way of this application the employee is now making a grievance that in spite of reinstatement he is not being paid the salary since 2018 and is seeking direction to the management to pay. 1/2

906-CA NO.8557 OF 2022 IN WP-6851-2018.odt 3.

As can be gathered, the writ petition does not merely seek to question legality or otherwise of the judgment and order passed by the school tribunal setting aside the termination and directing reinstatement. The question as to if he is being paid after the reinstatement is not the subject matter of dispute in the writ petition. The employee may have his own remedy in law to vindicate his grievance.

4.

Application is dismissed.

( MANGESH S. PATIL, J.) Tandale/- 2/2