Dr Babasaheb Ambedkar Shikshan Sanstha Bhusawal Through Its President P S Sonawane v. Education Officer Zp Jalgaon And Others

1 wp 11627.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11627 OF 2016 Dr. Babasaheb Ambedkar Shikshan Sanstha Bhusawal, through its President P. S. Sonawane .. Petitioner

Versus

Education Officer, Z. P. Jalgaon and others .. Respondents Shri Sushant V. Dixit, Advocate for the Petitioner. Shri A. V. Deshmukh, A.G.P. for Respondent Nos. 1, 2 and 5. Shri S. L. Bhapkar, Advocate for Respondent Nos. 3 and 4. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 20TH MARCH, 2019.

FINAL ORDER :

.

We have heard Mr. Dixit, the learned advocate for the petitioner, the learned Assistant Government Pleader for respondent Nos. 1, 2 and 5 and Mr. Bhapkar, the learned advocate for respondent Nos. 3 and 4.

2.

The issue involved in the present writ petition about release of salary for the period after employee was released from custody is no longer res-integra in view of the judgment of the Division Bench of this Court in a case of Vasant Haribhau

2 wp 11627.16 Ugale Vs. State of Maharashtra and others reported in 2003(4) All M.R. 979.

3.

It is further clarified that, the directions are given to release the salary only after the respondent No. 4 has rejoined and not for a period during which he was under suspension. 4.

In view of the above, the writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/March 19