Rajesh S/O Deoraoji Kandalkar And Others v. The State Govt. Thr. Principal Secretary, Education Dept., Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION OF

(1) Mr. Rajesh S/o Deoraoji Kandalkar, age-about 55 years, Occupation :

Service, Res of : Kandalkar Plot, Opp. Govt. Polytechnic, Gadge Nagar, Amaravati- 444603.

(2) Ku. Suchita D/o Shrawanrao Khole, age about 48 years, Occupation :

Service, Res. of : C/O V. N. Thakre, 17, Laxmi Vihar, Ganesh Colony, Near Ravinagar Sq., Amaravati.

(3) Ku. Vaishali D/o Vitthal Pandit, age about 43 years, Occupation :

Service, Res of : C/o Prashant Ramkrishna Pawar, Inside Ambagate, Patwipura Road, Besides Tukaram Akhada, Amaravati.

(4) Ku. Shweta D/o Rameshrao Deshmukh, age about 41 years, Occupation : Service, Res. of :

35, ITI Coloy, Kantanagar, Camp, Amaravati.

......Petitioners ...Versus...

(1) The State Govt. through its Principal Secretary, Education Department, Maharashtra State, 108, First Floor, Mantralaya Extension, Mantralaya, Mumbai

(2) The State Govt. through its Principal Secretary, Social Welfare Dept. 316,

3rd Floor, Mantralaya Extension, Mantralay, Mumbai-400032

(3) The Project Director-Cum Coordinator, Maharashtra/ Rashriya Madhyamik Shiksha Abhiyan, Jawahar Bal Bhavan, 1st Floor, Netaji Subhash Marg, Charni Rd (West), Mumbai 400004

(4) Director, Primary Education (Integrated Disabled Education Scheme Section) Maharashtra State, Directorate of Education, Dr. Annie Besant Marg, Pune-411001.

(5) Dy. Director, Nagpur Division, Education Dept., Government of Maharashtra, Civil Lines, Nagpur

(6) Education Officer (Secondary Education), Zilla Parishad, Civil Lines, Nagpur.

(7) President, Nootan Vidarbha Shikshan Mandal, Jog Chowk, Amaravati.

(8) Head Mistress, New High School, Belpura, Amravati.

(9) Rashtriya Madhyamik Shikshan Abhiyan, Ministry of Human Resource Development Department of School, Education and Literacy, Shastry Bhawan, New Delhi-110001

(10) Union of India, through its Principal Secretary, Ministry of Human Resource Development, Govt. of India, Shastri Bhawan, New Delhi. ...... Respondents

-------------------------------------------------------------------------------------------------- Mr. Ashwin Deshpande, Advocate for the petitioners. Mrs. K.R. Deshpande, AGP for respondents 1 to 6 Mrs. Mugdha Chandurkar, Advocate for respondent 10. ------------------------------------------------------------------------------------------------- COR A M : ROHIT B. DEO AND MRS. VRUSHALI V. JOSHI , J J .

DATE : 04-05-2023 JUDGMENT : (PER ROHIT B. DEO, J.) Heard.

2.

Rule. Rule made returnable forthwith. With consent, heard finally.

3.

The grievance in the petition is that the salary of the petitioners is withheld from May 2022.

4.

It is common ground, that during the pendency of the petition, the petitioners have been paid salary till April 2022. 5.

The entitlement of the salary for the subsequent period is not in dispute.

6.

As a fact, the learned Assistant Government Pleader Mrs. K. R. Deshpande states that certain amounts are already deposited in the Registry of the Court. The learned counsel for

petitioners would submit that the amount which is deposited in the Registry falls short of the salary receivable. 7.

We have considered similar situation in Writ Petition 4274/2016 and disposed of the said petition by directing the State Government to release the arrears of salary, if there is no other impediment, within eight weeks.

8.

The learned counsel for the petitioners Mr. Ashwin Deshpande and the learned Assistant Government Pleader Mrs. K. R. Deshpande both state that this petition can also be disposed of by issuing similar directions. 9.

We therefore, permit the petitioners to withdraw the amount deposited by the respondents in the Registry of the Court. 10.

Shortfall, if any, shall be paid by the respondents to the petitioners, if there is no other impediment, within the next eight weeks.

11.

We further direct that the petitioners shall be paid regular salary from May, 2023 onwards.

12.

The petition is disposed of in aforestated terms. (Mrs. Vrushali V. Joshi, J.) (Rohit B. Deo, J.) wasnik YUVRAJ WASNIK