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Bombay High CourtCAW/1491/2016ca disposed off

Ku.Ranjana Purushottam Senad (Sou.R.R.Chatte). v. Deputy Director Of Edun.Nagpur And 2 Others.

2016-07-27Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi4 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO. 1491/2016 IN WRIT PETITION NO. 3544/1998(d) (Ku.Ranjana d/o Purushottam Senad vs. Deputy Director of Education nagpur and others ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Mr.Jibhkate, Adv. for the applicant/petitioner Mr. Pimpalkhute h/for Mr.A. D.Mohgaonkar, for respondent no.1 Mr.Nitin Rode, Asst.Govt.leader for respondents 2 and 3 CORAM : SMT. VASANTI A NAIK & MRS.SWAPNA JOSHI, JJ.

DATED : 27th July, 2016 Heard.

By this Application, the applicant seeks a modification of the operative part of the judgment dated 9th June, 2016.

Shri Jibhkate, the learned counsel for the applicant states that this Court has observed that the original petitioner would be entitled to salary only for a period of three years preceding the year of the date of filing of the Writ Petition. It is stated that the Writ Petition was filed 2.9.1998 and the petitioner would be entitled to salary only from 2/9/1995 onwards. We find that we have mistakenly observed in the judgment dated 9.6.2016 that the original petitioner would be entitled to salary from July, 1994. The said

observation appears to have been a typographical mistake. Since this Court has already observed in the earlier part of the judgment that the original petitioner would be entitled to salary of three years preceding the date of filing of the Writ Petition and since the Writ Petition was filed on 2.9.1998, the original petitioner would be entitled to salary from 2.9.1995 onwards till 30.4.1997. The judgment is modified to the aforesaid extent. In the operative part of the judgment, instead of the words and figures 'from July 1994' , the words and figures "from 2.9.1995" should be incorporated.

The Civil Application is allowed in the aforesaid terms and disposed of.

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