Laxmikant Namdeo Hedau v. Headmaster, Prabhudayal Saluja Prathamik Vidyalaya, Sahapur, Bhandara And Others

2024:BHC-NAG:11077-DB 1 938-wp 3026.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3026 OF 2024 ( Shri Laxmikant Namdeo Hedau vs. Headmaster, Prabhudayal Saluja Prathamik Vidyalaya and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr.Manoj Kumar Mishra, Advocate for the petitioner. Mr.V.K.Paliwal, Advocate for respondent No.1,4 and 6. Mr.R.S.Khobragade, Advocate for respondent No.2 Mr.A.M.Kadukar, Assistant Government Pleader for the respondent No.3.

Mr.R.B.Dhore, Advocate for resondent No.5.

CORAM : BHARATI DANGRE AND ABHAY J. MANTRI , JJ.

ATE : OCTOBER 01 , 2024 The limited relief sought by the petitioner is payment of salary and arrears since 08/07/2023 i.e. the date of his reinstatement in the service of the respondent School. 2) The learned Counsel representing the Education Officer (Primary), Zilla Parishad, Bhandara has instructions to make statement that the salary due and payable to the petitioner from March 2024 till August 2024 shall be included the salary of September 2024.

3) As far as the salary payable from 08/07/2023 till March 2024, a specific statement is that in absence of arrears of salary bills being received from respondent No.1 - Headmaster, Prabhudayal Saluja Prathamik Vidyalaya, the same has not been processed.

2 938-wp 3026.2024.odt 4) Mr.Paliwal, learned Counsel representing the respondent No.1, however, make a statement that the bills are already forwarded, but when we inquired about the actual date of they being forwarded, he is unable to provide the details. 5) In the aforesaid circumstances and since the question now remains only as regards payment of salary from 08/07/2023 to the month of February 2024, if the respondent No.1 has already forwarded the bills for the arrears to the respondent No.2, the same shall be released within a period of six weeks and if the bills of arrears are not forwarded by respondent No.1, then it shall forward the same to him within period of four weeks from today and thereafter, the Education Officer shall release the arrears of salary within a period of six weeks thereafter.

6) If the Education Officer is of the opinion that for the arrears of salary the Competent Authority is Deputy Director of Education, he shall accordingly forward the same to him and Deputy Director of Education shall disburse the necessary arrears.

7) The petition stands disposed of in the above terms. ( ABHAY J. MANTRI, J. ) ( BHARATI DANGRE, J. ) KOLHE