Satish Bhaurao Kale v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 756 OF 2018 IN WRIT PETITION NO. 9497 OF 2015 Satish S/o Bhaurao Kale, Age: 42 years, Occu. Assistant Teacher, Vivekanand Chowk, Malwati Raod, Near Hanuman Mandir, Landge Niwas, Latur, Dist. Latur.

..PETITIONER

VERSUS

1.

Smt. Vandana Krishna The State of Maharashtra, Through: The Secretary, School Education Department Mantralaya, Mumbai- 32.

2.

Shri Vishal Solankhi The Commissioner of Education, Maharashtra State, Pune.

3.

Shri Sunil Chavan, The Director of Educaion (Primary) Director of Education, Administrative Building, Pune.

4.

Shri Sanjay Yadgire The Deputy Director of Education, Latur.

5.

Dr.Vaishali Jamdar The Education Officer(Primary) Zilla Parishad, Latur.

..RESPONDENTS Mr K. J. Ghute Patil, Advocate for petitioner; Mr A. R. Kale, A.G.P. for respondent Nos.1 & 2 Mr D. S. Mali for respondent No.5

(2) CORAM : PRASANNA B. VARALE AND S. M. GAVHANE, JJ.

DATE : 5th March , 2019 ORAL ORDER:

Heard Mr Ghute Patil, learned Counsel appearing on behalf of the petitioner.

2.

By order dated 11th January, 2019, notice was issued to the respondents. The grievance of the petitioner is, though there was an order passed by this Court directing the Education Officer to grant approval to the appointment of petitioner, the order is partly complied with only by grant of approval but there is failure to provide the consequential benefits in the form of salary arrears. 3.

In response to the notice, an affidavit-in-reply is filled. Today, learned A.G.P. submits that the order is complied with in letter and spirit. Our attention was invited to the communication forwarded to the Deputy Director of Education, Latur Division, Latur, dated 26th February, 2019 through the Superintendent, Pay and Provident Fund Grants (Primary), Latur, it is informed that the petitioner's name be included in "Shalarth Portal" and the amount to the tune of Rs. 18,96,798/- be disbursed from the treasury and be deposited in the personal account of the petitioner. The extract of the entries in the

(3) account of petitioner at Latur District Central Co-operative Bank Ltd., Latur is also placed on record.

4.

Mr Patil, learned Counsel for the petitioner fairly admits that the order is complied with letter and spirit. Learned A.G.P. submitted that though there is some delay in compliance of the order or this Court, the delay is purely for bona fide and un-intentional reasons such as procedural formalities. The Education Officer has tendered his apology for the delay through the learned A.G.P.. Accepting the statement made to this Court through learned A.G.P. and finding that the order of this Court is complied with in letter and spirit, nothing survives in the Contempt Petition. Contempt Petition is accordingly disposed of.

(S. M. GAVHANE, J.) (PRASANNA B. VARALE, J.) amj