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Bombay High CourtCAW/778/2024ca disposed off

Sant Dnyaneshwar Bahu-Uddeshiya Shikshan Mandal, Dhaba Thr. Its President And Another v. Wasudeo Shrikrushna Kadu And Another

2024-03-26Hon'Ble Shri Justice Bharat P. Deshpande2 pages

2024:BHC-NAG:3646

71. CAW 778 of 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.778/2024 IN WRIT PETITION NO.1253/2024 Sant Dnyaneshwar Bahu-uddeshiya Shikshan Mandal Dhaba through its President and another ...Versus...

Wasudeo Shrikrushna Kadu and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. P.S. Patil, Advocate for petitioners Mr. V.A. Kothale, Advocate for respondent no.1 CORAM : BHARAT P. DESHPANDE, J.

DATE : 26/03/2024 1.

Heard learned counsel for the parties.

2.

By the order dated 04/03/2024, this Court has directed that the petitioners should conduct fresh enquiry within a period of 120 days, as provided under the MEPS Rules and to deposit 50% back wages in this Court within eight weeks.

3.

By way of present application, the petitioners are seeking clarification with regard to the impugned order and the directions to reinstate and on failure to pay full salary. 4.

Mr. Patil, learned counsel for the petitioners submits that the petitioners are conducting fresh enquiry, as directed by this Court and ready and willing to pay subsistence

71. CAW 778 of 2024.odt allowance to the respondent no.1, as applicable under the Act and Rules, during the pendency of such enquiry. 5.

Statement is accepted. Accordingly, Clauses- 4 to 6 in the operative order, passed by the School Tribunal, stand suspended till the enquiry is completed.

6.

Needless to mention that such suspension of the above part of order is subject to compliance of the directions given by this Court on 04/03/2024 as well as payment of subsistence allowance to the respondent no.1, as applicable to him during the course of such enquiry.

7.

With this clarification, the civil application stands disposed of. No order as to costs.

(BHARAT P. DESHPANDE, J.) Wadkar