Kum. Nirmala Vasudevrao Vaidya v. State Of Maharashtra Dept. Of Primary Education Thr Its Principal Secretary, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2242/2016 Kum Nirmala Vasudevrao Vaidya ...Versus...

State of Maharashtra, Department of Primary Education, through its Principal Secretary, Mantralaya, Mumbai-32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. U.A. Patil, Advocate for petitioner Shri N.R. Patil, AGP for respondent no.1 CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 12.04.2016 By this petition, the petitioner challenges the order of the Chief Executive Officer, Zilla Parishad, Gadchiroli, dated 1.7.2015 refusing to pay the salary for the period of 288 days to the petitioner by considering the said period to be the extraordinary leave period, without pay.

Shri Patil, the learned Assistant Government Pleader appearing on behalf of the respondent no.1 raises a preliminary objection to the tenability of the writ petition. It is stated that the petitioner has an alternate remedy of filing an appeal under Rule 14 of the Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964.

In view of the existence of an alternate efficacious remedy, we decline to entertain the writ petition. The writ petition is disposed of with no order as to costs. The points raised in the petition are, however, kept open.

JUDGE JUDGE Wadkar