Smt. Latika Ajay Damke And Others v. Dr. Shri Shivling N. Patawe, The Education Officer (Secondary) Zilla Parishad, Nagpur

07cp79.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 79 OF 2019 IN WRIT PETITION NO. 2403 OF 2018 (D) (Smt. Latika Ajay Damke and ors. Vs. Dr. Shri Shivling N. Patawe) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri P.A. Jibhkate, Advocate for the petitioners. Shri A.M. Kadukar, A.G.P. for the respondent/State. CORAM:- A.S. CHANDURKAR AND PUSHPA V. GANEDIWALA, JJ.

DATED :- JUNE 23, 2021.

Heard.

2.

The non-compliance of the order dated 29/10/2018 passed in Writ Petition No. 2403/2018 is alleged in this petition.

3.

In the aforesaid order, this Court has directed the respondents to consider whether in terms of staff justification as prescribed on 23/10/2013, the petitioners can be given approval. It was further directed that the respondent No. 4 - The Education Officer (Secondary) therein shall take suitable decision on it by 31/01/2019, however, for the period from 01/11/2018 till 31/01/2019, the respondents shall release full salary to the petitioners. 4.

Shri A.M. Kadukar, learned Assistant Government Pleader filed an affidavit dated 21/06/2021 and submits that as per the directions of this Court, the salary for the period from 01/11/2018 to 31/01/2019 has

07cp79.19.odt been paid to the petitioners. Further, the bill for the arrears of salary from 01/09/2017 has been forwarded for necessary approval to the office of the Director of Education, State of Maharashtra, Pune.

5.

Shri P.A. Jibhkate, learned counsel for the petitioners, on instructions, makes a statement that though full salary for the period from 01/11/2018 to 31/01/2019, as directed by this Court, has been received by the petitioners, but the grievance of the petitioners with regard to arrears of salary from 01/09/2017 still subsists.

6.

The only direction issued in the writ petition was to consider whether the petitioners could be granted approval as per the staff justification. That direction as been complied with.

7.

In that view of the matter, we are satisfied that the grievance of the petitioner has been redressed and, therefore, nothing survives in this contempt petition for adjudication. Shri Kadukar, learned Assistant Government Pleader makes a statement that as and when the necessary approval is received from the Competent Authority, steps will be taken to disburse the arrears of salary, at the earliest. Accordingly, the contempt petition stands disposed of.

JUDGE JUDGE *DB