Dipali Uttamrao Devkate v. The State Of Maharashtra Through Its Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 117 WRIT PETITION NO.12833 OF 2023 KISHOR RUSTUM CHAUDHARI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 161 WRIT PETITION NO.12903 OF 2023 DIPALI UTTAMRAO DEVKATE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr Ramesh I. Wakade, Advocate for Petitioners; Mr P. K. Lakhotiya and Mr P. S. Patil, A.G.Ps. for Respondent Nos.1 to 3 in respective petitions CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 17th October, 2023 PER COURT:

Writ Petition No.12833/2023 1.

The Petitioner in this Writ Petition prays that Respondent No.3/Deputy Director of Education, Aurangabad Region should decide his representation dated 24/08/2022 within a particular time frame. He, however, informs us that, he has now been terminated from service w.e.f. 16/12/2022.

(2) 2.

We have perused the representation dated 24/08/2022, which raises many disputed issues. The learned Advocate for the Petitioners submits on instructions that, the Petitioner would tender a fresh representation to Respondent No.3, restricting it only for demanding unpaid wages till the date of his termination. 3.

In view of the above, this Writ Petition is disposed off. After the Petitioner tenders a representation to Respondent No.3, the same would be considered by the concerned authority by following the due procedure laid down in law, within 60 days. Needless to state, the appeal preferred by the Petitioner would stand on it's own footing.

Writ Petition No.12903/2023 4.

In this Writ Petition, the representation of the Petitioner, dated 22/11/2022, is restricted only to the extent of the unpaid salary. Hence, we direct Respondent No.2/Deputy Director of Education, Aurangabad, to decide the said representation dated 22/11/2022 on it's own merits, within 60 days from today. Needless to state, Respondent No.2 would consider, whether a stale dispute has been raised and whether the

(3) Petitioner can be deprived of the interest for raising a stale dispute.

5.

With the above directions, this Writ Petition is also disposed off.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk