Subhash Dhondiram Garibe v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.10087 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.S.G.Rudrawar, advocate for the petitioner. Mr.K.J.Ghute Patil, Asstt. Govt. Pleader for the State.

Mr.V.G.Sakolkar, advocate for the Respondent No.3. CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.

Date : 06.07.2015.

PER COURT :

1.

Heard.

2.

The dispute is about the payment of salary. According to the petitioner , he is working since the year 2005 as a peon. According to the Respondent, the petitioner was absent from duty from 1.4.2008. He is allowed to join on 10.2.2012. However, on 1.10.2014 again he is absent. This fact is disputed by the petitioner. In the Writ jurisdiction, it would not be possible to investigate into such disputed questions of facts. It would be appropriate for the parties to approach Deputy Director of Education who shall consider the case of the petitioner for three (3) years prior to 2014. 3.

In the result, we pass the following order :

a) The petitioner may make representation with the Deputy Director of Education regarding his claim of salary for three years prior to 2014. The Education Officer after hearing the petitioner and the Respondent Management and considering all the documents put before him decide about the aspect of the salary of the petitioner for three years prior to 2014 expeditiously and preferably within six (6) months from the date of receiving the representation.

b) The Writ Petition is accordingly disposed of. No costs. (V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) Dt.06.07.2015.

asp/office/wp10087.14