Shivaji Sakru Rathod v. The Deputy Director Of Education, Amravati And Others

920-cp-320-19..

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO.320 OF 2019 IN WRIT PETITION NO.2471 OF 2018 Shivaji Sakru Rathod, Satefal Road, Tahsil, Mehekar, Dist. Buldhana -vsThe Deputy Director of Education, Amravati and ors. --------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s Orders.

or directions and Registrar'

s orders.

Shri S. M. Vaishnav, Advocate for petitioner. Ms T. Udeshi, Assistant Government Pleader for respondent Nos.1 and 2.

Shri S. D. Chande, Advocate for respondent Nos.3 to 5. CORAM : A. S. CHANDURKAR AND N. B. SURYAWANSHI, JJ. DATE : December 04, 2020 Civil Application (CAN) No.53 of 2020 In view of order dated 26/10/2020 the respondent Nos.3 and 4 are permitted to deposit Demand Draft of Rs.1,20,796/- in this Court. The Registry shall accept the said Demand Draft and thereafter in accordance with the directions issued on 08/10/2020 that amount be remitted to the petitioner by registered post. Civil application is disposed of. Contempt Petition No.320 of 2019 1.

The grievance of the petitioner is that the directions issued in Writ Petition No.2471/2018 on 21/06/2019 directing the respondent Nos.3 and 4 to supply the original service-book and last pay drawn certificate after duly updating all the entries as well as to process pay bills and pay the salary of the petitioner from 2008 to 2011 within four weeks from receipt of the service-book have not been complied with.

920-cp-320-19..

2/2 2.

Perusal of the documents filed along with the contempt petition indicates that the Headmaster of Shri Ganesh Vidyalaya Jawalkhed-respondent No.4 has certified that the salary for the period from 26/06/2008 to 30/04/2011 payable to the petitioner is Rs.6,03,891/-. In the reply filed on behalf of respondent Nos.3 to 5 it has now been stated that only an amount of Rs.1,20,796/- is due and payable to the petitioner towards salary for the aforesaid period.

3.

The order passed in the writ petition is clear and it directs the respondent Nos.3 and 4 therein who are respondent Nos.3 and 4 in the contempt petition to pay the salary to the petitioner for the aforesaid period. While permitting the petitioner to receive the amount of Rs.1,20,796/-, time of ten days is granted to the respondent Nos.3 and 4 to make a statement as to when the balance amount of arrears of salary as indicated by the respondent No.4 in the document at page 43 of the record shall be paid to the petitioner. If the affidavit in that regard is not filed by the returnable date, the respondent Nos.3 and 4 shall remain present in Court on that date. Stand over 14/12/2020.

JUDGE JUDGE Asmita