Bombay High CourtCP/22/2013dispossed offdismiss for default

Rehana Begum Sk. Safdar v. Mr. Ashok Wakode, E.O. (Sec.), Z.P. Amravati And Oths

2015-01-07Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Mrs. Justice Mridula R. Bhatkar2 pages

CP22-13 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.P. NO.22/2013 IN L.P.A. NO. 96/2009 IN W.P. NO.3874/2008 (D) (REHNA BEGUM SK. SAFDAR VERSUS ASHOK WAKODE, EDUCATION OFFICER (SECONDARY), Z.P. AMRAVATI & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Sudame, counsel for the petitioner. Mrs.K.R. Deshpande, A.G.P. for the R-1.

Shri Alok Upasani, counsel for the R-2 & 3.

CORAM : B.R. GAVAI AND MRS. MRIDULA BHATKAR, JJ.

DATE : JANUARY 7 , 2015 .

Heard finally with the consent of the learned counsel for the parties.

The present contempt petition has been filed with a limited grievance that the salary of the petitioner has not been paid from November-2010 till 07.06.2011, i.e. when the school was derecognized. In the affidavit filed by one Chandansingh Ramsingh Rathod, the Education Officer (Secondary), Zilla Parishad, Amravati, it has been stated thus ----- "I further say that, the salary of the petitioner is paid till the period it was submitted by the school authorities. I further say that if the school authorities submit the salary bill in respect of the petitioner, my office is ready to release the salary of the petitioner for the afore-stated period i.e. from November 2010 up to 07.06.2011."

CP22-13 It is, thus, clear that the salary for the aforesaid period, i.e. November-2010 till 07.06.2011 could not be paid to the petitioner as the management has not furnished the salary bills. Shri Upasani, the learned counsel for the respondent nos.2 and 3, makes a categorical statement that the respondent nos.2 and 3 are willing to submit the salary bills of the petitioner to the respondent no.1-Education Officer (Secondary), Zilla Parishad, Amravati.

In that view of the matter, the contempt petition is disposed of with following directions.

I) The respondent nos.2 and 3 shall submit the salary bills of the petitioner for the period from November-2010 to 07.06.2011, to the respondent no.1. The same shall be done within a period of four weeks from today.

II) On receipt of the salary bills of the petitioner for the period from November-2010 to 07.06.2011, the respondent no.1 shall sanction the same and pay the salary to the petitioner for the aforesaid period within a period of four weeks thereafter. Order accordingly. No costs.

JUDGE JUDGE APTE