Chetan Mohanrao Dhapodkar And Others v. Union Of India Thr. Secretary (Iedss Scheme), Hrd Ministry, New Delhi And Others

caw414.21+O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO.414 OF 2021 IN WRIT PETITION NO.3696 OF 2018 (Mrs. Chitra Jagdish Mehar and others Vs. Union of India and others) CIVIL APPLICATION (CAW) NO.417 OF 2021 IN WRIT PETITION NO.2746 OF 2014 (Ramdas R. Thawre and others Vs. Union of India and others) CIVIL APPLICATION (CAW) NO.412 OF 2021 IN WRIT PETITION NO.4228 OF 2017 (Chetan Mohanrao Dhapodkar and others Vs. Union of India and others) CIVIL APPLICATION (CAW) NO.413 OF 2021 IN WRIT PETITION NO.5143 OF 2018 (Rajendra Vitthalrao Bagade and others Vs. Union of India and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri Anand Parchure, Advocate for Petitioner In W.P. Nos.3696/18, 2746/14, 4228/17 & 5143/18.

Ms. K.R. Deshpande, AGP for State.

Ms. Sushma, Standing Counsel for Respondent Nos.1 and 4 in W.P. 3696/18 & 5143/18.

Mrs. M.R. Chandurkar, Counsel for Union of India in W.P.2746/14 & 4228/2017.

CORAM: SUNIL B. SHUKRE AND ROHIT B.

DEO, JJ.

DATE: 30 th MARCH, 2021.

Heard.

2.

By these applications, review of the order passed by this Court on 20.12.2019 has been sought. The ground taken is that there is substantial compliance of the said order. However, the learned counsel for the petitioners, upon the

caw414.21+O.odt appropriate instructions, submits that there is no such compliance with the direction given by this Court vide its order dated 10.12.2019. This fact is also not disputed by the Education Department to a large extent. What is seen, from these applications and the documents filed along with these applications and also affidavit filed today that there is no such total compliance with the directions given by this Court on 10.12.2019. It is also seen that now a different stand is being taken by the Education Department by saying that many of the teachers did not co-operate with the Education Department for the purpose of verification of their claims.

These statements appear to be misleading as the claim made by the teachers pertains to the arrears of their salary from the period from 2014 to March, 2018 and the Education Department has released salary of the teachers for the period from October 2019 to March 2020 and that too, in respect of 83 teachers by releasing amount of Rs.1,24,00,000/- and depositing the amounts which were due and payable to each of the teachers out of the said amount to their respective accounts. If the department is coming out with a new stand which the department says is based upon such facts and circumstances as not placed before this Court, the department would have to think of having the order passed by this Court on 10.12.2019 modified or reviewed appropriately, if it is permissible in law. But, the department has not done that so far.

In the result, the applications are found to be not maintainable and are, therefore, dismissed. No costs.

JUDGE JUDGE NSN