Savitri Dnyandev Ranmal v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:15451-DB -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12061 OF 2023 SAVITRI DNYANDEV RANMAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. S. R. Bagal AGP for Respondents-State : Ms. Neha Kamble Advocate for Respondent No. 3 : Ms. P. J. Bharad Advocate for Respondents No. 4 and 5 : Mr. U. L. Telgaonkar ...

CORAM : NITIN W. SAMBRE AND SACHIN DESHMUKH, JJ.

Dated : June 12, 2025 PER COURT :- 1.

Approval to the appointment of petitioner as a 'Watchman' was granted by the Authorities i.e. respondents No. 1 to 3 vide order dated 15.01.2021 with effect from 18.06.2020. 2.

Respondents No. 4 and 5 have not submitted the paybills as per the approval order of the competent authorities. As a result of which, the salary of the petitioner is not released though she is discharging her duties.

3.

The only contention canvassed by the learned counsel for respondent Nos. 4 and 5 is that the issue of approval is under dispute and the competent authority is dealing with the same by causing/conducting an enquiry.

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The aforesaid contentions, if appreciated, in the light of the order of approval dated 15.01.2021, nothing adverse is brought to the notice to infer that the order of approval has been kept in abeyance or that the competent authorities i.e. respondent Nos. 1 to 3 had decided not to release the salary of the petitioner for some legal cause.

5.

Rather, it is the failure of respondents Nos. 4 and 5 in discharge of their legal obligation to submit the salary bill based on approval, from 18.06.2020 until the permission to run the institution, is in operation.

6.

In such situation, in case, respondents Nos. 4 and 5 fail to submit the salary bill of the petitioner till this date within a period of three weeks from today, the salary of the respondent No.5 be withheld forthwith.

7.

In case, if the salary bill has been completed by respondents Nos.4 and 5, we direct respondents Nos.2 and 3 to deal with the same pursuant to the order dated 15.01.2021, within a period of four weeks thereafter and reimburse the same to Respondent Nos.4 and 5 in case if they have complied with the direction contained in paragraph 8. We further direct that Respondent Nos.2 and 3 shall also be liable for action in case the salary is withheld for unreasonable cause.

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In case if the salary of the petitioner is not released by Respondent Nos.1 to 3 within eight weeks, we direct Respondent Nos.4 and 5 to pay the entire salary receivable by the petitioner w.e.f. 18.06.2020 from their own pocket, for their failure to act in terms of the order of approval dated 15.01.2021. 9.

With the above directions, the writ petition stands disposed of. No costs.

(SACHIN DESHMUKH, J.) (NITIN W. SAMBRE, J.) Omkar Joshi