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Bombay High CourtWP/432/2016dispossed offdismiss for default

Prashant Marotrao Lambat, Zilla Parishad, Jalgaon And Others v. The Director, State Project, Maharashtra Prathmik Shikshan Parishad, Charni Road, Mumbai And Others

2016-07-15Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.432 OF 2016 [Prashant Marotrao Lambat and others .vs. The Director, State Project, Maharashtra Prathamik Shikshan Parishad, Charni Road, Mumbai and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.A. Jibhkate, counsel for the petitioners, Shri P.D. Meghe, counsel for respondent nos.1, 4 and 5. Shri Jayant Mokadam, counsel for respondent nos.2 and 3, ..........

CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : JULY 15, 2016.

By this writ petition, the petitioners seek a direction against the respondents to pay the salary for the month of April to June-2013.

According to the petitioners, they were declared surplus in Zilla Parishad, Wardha and were transferred to Zilla Parishad, Jalgaon. The petitioners joined at Zilla Parishad, Jalgaon on 1.7.2013. It is stated that the salary of the petitioners from April2013 to June-2013 is not paid. Shri Meghe, the learned counsel for the Zilla Parishad, Jalgaon states, on instructions, that since the petitioners are now in Zilla Parishad, Jalgaon, the State Government had called for the necessary information in regard to the attendance of the petitioners in the services of Zilla Parishad, Wardha from April2013 to June-2013. It is stated that the amount for the said year had lapsed, by the time it was received. It is stated that Zilla Parishad, Jalgaon is awaiting further funds from the Central Government. It is stated that a specific demand has been made by Zilla Parishad, Jalgaon to the Central Government for the amount that is liable to be released in favour of the petitioners.

2 wp432.16.odt It is stated that Zilla Parishad, Jalgaon would release the amount in favour of the petitioners as soon as it is received from the Central Government.

By accepting the statement made on behalf of Zilla Parishad, Jalgaon, which would be binding on the said Zilla Parishad, we dispose of the writ petition, with a direction to Zilla Parishad, Jalgaon to release the salary of the petitioners, as early as possible. Order accordingly. No costs.

JUDGE JUDGE Gulande

3 wp432.16.odt C E R T I F I C A T E "I certify that this Order uploaded is a true and correct copy of original signed Order."

Uploaded by : A.S. Gulande, P.A.

Uploaded on : 18.7.2016.