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Bombay High CourtCAW/1270/2015dispossed offdismiss for default

Adarsha Dnyan Prakash Shikshan Sanstha, Through Its President Dr. Rajendra Prakashe v. Education Officer (Secondary) Zp Nagpur And 4 Others

2015-08-03Hon'Ble Shri Justice A.S. Chandurkar1 pages

0308caw1270.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO. 1270 OF 2015 IN WRIT PETITION NO. 2228 OF 2013 Adarsha Dnyan Prakash Shikshan Sanstha Vs. Education Officer (Sec.) & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri A. D. Dangore Adv for applicant.

Shri S. M. Bhagde AGP for respondent nos. 1 & 2.

Shri V. K. Paliwal Adv for respondent 5.

CORAM: A. S. CHANDURKAR J.

DATED: 03 AUGUST, 2015.

Parties have been duly served on this civil application pursuant to order dated 15.07.2015.

It is submitted on behalf of the respondent no. 4 that the appeal filed by him was allowed by the School Tribunal and therefore after remand he is entitled for salary during pendency of the appeal before the School Tribunal. The salary was however discontinued from January 2015 by wrongly construing the earlier order. Considering aforesaid facts and the communication dated 27.04.2015 issued by the Education Officer (Secondary) it is clarified that the respondent no. 4 is entitled to full salary from January 2015 onwards during pendency of the appeal before the School Tribunal. The original petitioner and respondent no.3 shall take necessary steps in terms of communication dated 27.04.2015 issued by the respondent no.1. Civil Application is disposed of.

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