Ku. Anuradha Harihar Bharsakle (Nee) Sau. Anuradha Yogesh Korpe v. Education Officer (Secondary) Zilla Parishad Akola And Others
1107wp3879.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3879/2016 Ku. Anuradha Harihar Bharsakle (Nee) Sau. Anuradha Yogesh Korpe ...Versus...
Education Officer ( Secondary), Zilla Parishad, Akola, Tq. and Distt. Akola and others WITH WRIT PETITION NO.3880/2016 Ganesh Shankarrao Kukade ...Versus...
Education Officer ( Secondary), Zilla Parishad, Akola, Tq. and Distt. Akola and others WITH WRIT PETITION NO.3881/2016 Sachinkumar Vishram Tayde ...Versus...
Education Officer ( Secondary), Zilla Parishad, Akola, Tq. and Distt. Akola and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J. Kadu, Advocate for petitioner in all petitions Shri V.P. Maldhure, AGP for respondent no.1 in W.P. No.3879/16 Shri A.M. Balpande, AGP for respondent no.1 in W.P.No.3880/16 Shri A.A. Madiwale, AGP for respondent no.1 in W.P.No.3881/16 CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.
DATE : 11.07.2016 Since the issue involved in these writ petitions is identical, they are heard together and are decided by this common order.
The petitioners have made two prayers in the writ petitions. By the first prayer, they have challenged the transfer orders, dated 17.6.2016. By the second prayer, they have sought
1107wp3879.16.odt a direction against the respondent nos.2 and 3 to send the salary bills of the petitioners towards the unpaid salary to the respondent no.1 - Education Officer.
We are not inclined to grant the first prayer made by the petitioners in these petitions. These are not the midterm transfers. The petitioners were stationed at Telhara for nearly three years, i.e., from 2013 and they have been transferred before the commencement of the session, by the impugned orders, dated 17.6.2016. No ground has been made out for effectively challenging the transfer orders.
The learned Assistant Government Pleaders, however, state, on a reading of the communication annexed to the writ petitions, that the Management is directed by the Education Officer to send the salary bills in respect of the petitioners to the Education Officer for payment of the unpaid salary. Since the second prayer made on behalf of the petitioners is innocuous and since it appears that the salary bills of the petitioners have not been submitted by the Management to the respondent no.1 for the unpaid salary, without issuing notice to the Management, we dispose of the writ petitions with a direction to the respondent nos.2 and 3 to send the salary bills of the petitioners to the respondent no.1, as per the entitlement, as early as possible and positively within two weeks from the date of receipt of this order.
Order accordingly. No costs.
JUDGE JUDGE Wadkar