Bombay High CourtCA/2816/2017disposed offdismissed for default

Maruti Shravan Rokde v. Gajanan Shikshan Prasarak Mandal Khanapur Chitta Dist Hingoli Through Its Secretary And Others

2019-01-18Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 932wp4692o16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4692 OF 2016 GAJANAN SHIKSHAN PRASARAK MANDAL KHANAPUR CHITTA DIST HINGOLI THROUGH ITS SECRETARY

VERSUS

MARUTI SHRAVAN ROKDE AND ANOTHER WITH CIVIL APPLICATION NO.2816 OF 2017 IN WRIT PETITION NO.4692 OF 2016 MARUTI SHRAVAN ROKDE

VERSUS

GAJANAN SHIKSHAN PRASARAK MANDAL AND OTHERS ...

None for the Management.

Advocate for the Employee : Shri C.V.Dharurkar. AGP for the Respondent/ State : Shri N.T.Bhagat. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 18th January, 2019 Per Court:

(a) Writ Petition No.4692/2016 :- Despite the order dated 29.04.2016, the back wages have not been deposited by the Petitioner/ Management. The objections have also not been removed for the last three years. As such, all office objections shall be removed by the Petitioner, on or before 01.02.2019, failing which, the writ petition shall stand dismissed without reference to the Court on 02.02.2019.

In view of the above, the ad-interim relief, if any granted in

*2* 932wp4692o16 favour of the Petitioner/ Management, shall stand vacated. (b) Civil Application No.2816/2017 :- By this Civil Application, the Applicant/ employee has prayed for his regular monthly salaries since his bills are not being forwarded to the Education Department by the Management.

The Respondents/ Management are represented in this civil application. The contention is that the Applicant/ employee has been reinstated way back in 2016 and he is regularly working. In view this statement, there cannot be an impediment for payment of monthly wages of the employee on regular basis.

As such, this Civil Application is allowed.

The Respondent/ Management and the Headmaster are directed to forward the salary bills of the Applicant/ employee, for the payment of his monthly salary from 04.01.2016 onwards, to the concerned Education Officer within a period of THREE WEEKS from today. The Education Officer shall, thereafter, verify as to whether, the Applicant/ employee is working and shall accordingly, clear the said bills for the payment of his salary within THREE WEEKS from the date of receipt of the said bills.

kps (RAVINDRA V. GHUGE, J.)