Samadhan Hari Thakur v. B. S. Suryawanshi And Another

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.497 OF 2014 IN W.P.NO.8675 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.A.S.Golegaonkar, advocate for the petitioner. CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 27.01.2015.

PER COURT :

1.

Heard.

2.

The grievance is made about non-compliance of the order dated 7.5.2014. Mr. Golegaonkar, learned counsel submits that the petitioner has not been paid salary of the Assistant Teacher inspite of the orders of this Court. The petitioner has completed his term as Shikshan Sevak and petitioner is required to be paid salary. 3.

Mr.Patil, learned Addl. Govt. Pleader submits that the petitioner is being paid salary as per the approval. In case the Management submits proposal for approval as Assistant Teacher, the same would be considered and salary would be paid as per

approval regularly.

4.

Mr.Golegaonkar, learned counsel submits that the Management has already submitted proposal seeking approval as Assistant Teacher.

5.

This Court vide order dated 7.5.2014 has directed the Respondents to pay regular salary to the petitioner till the tribe claim is decided by the Committee.

6.

Naturally, the initial appointment of the petitioner is as Shikshan Sevak and after successfully completing the term as Shikshan Sevak and the petitioner being continued in service, would be entitled to be given benefit of the status of Assistant Teacher subject to the decision of the Committee in the validation proceedings. It is for the Management to submit the proposal with the Education Officer seeking approval in respect of the petitioner as Assistant Teacher. In case such proposal is submitted by the Management, the Education Officer shall take decision on it expeditiously on its own merits preferably within two (2) months. In case the Management has not yet submitted the proposal seeking approval of the petitioner as Assistant Teacher then the petitioner may ask the Management to submit the said proposal to the Education Officer who on receipt of the same, shall take decision on it within two (2) months. If the approval is granted, the same would be provisional and subject to the decision of the Committee

in validation proceedings. In case the approval is granted to the petitioner as Assistant Teacher, the petitioner shall be paid salary as applicable to the Assistant Teacher.

7.

The Contempt Petition stands disposed of. No costs. (V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) asp/office/Cp497.14