Anil Madhukarrao Kale v. State Of Maha., Thr. Secretary, Higher Secondary And Technical Education, Mumbai And ORS

12.wp.5918.22 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.5918 of 2022 Anil Madhukarrao Kale vs. State of Maharashtra & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. R.J. Shinde, Advocate for the Petitioner. Mrs. Kalyani Deshpande, A.G.P. for Respondents 1 to 3. CORAM :

ROHIT B. DEO AND Y.G. KHOBRAGADE, J J.

DATE :

th JANUARY, .

We note that the claim of the petitioner pertains to 1999 to 2005.

02] The claim is now being agitated after 17 years and there is not even a whisper in entire petition explaining the delay.

03] Learned Counsel Mr. Shinde for the petitioner would submit that in October, 2005, a decision was taken by the State Government to disburse 100% grant for the post of Music Teacher. We note from the communication on which reliance is placed that the decision was subject to certain conditions. It would be difficult for us today to verify and record any finding, whether the conditions were complied with.

04] The other aspect of the matter is that if the petitioner was a full time employee, he could have claimed the salary in accordance with pay-scale prescribed from the management. Grant is essentially a matter between the

12.wp.5918.22 2/2 management and the Government and the right of the employee as such is not affected. The management is nonetheless obligated to pay the employee the salary which is prescribed under the rules.

05] We, therefore, see no justification for the petitioner to wait for 17 years to claim the salary for the period 1999 to 2005. The petition is dismissed.

JUDGE JUDGE *sandesh Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge Date :10.01.2023 20:09