Shri. Sunil S/O. Sadashiv Ghawale v. The State Of Govt. Through Its Principal Secretary, Education Dept., Maha. State And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR WRIT PETITION OF w ith WRIT PETITION 4658 OF 2015 with WRIT PETITION 4674 OF 2015 WRIT PETITION OF Shri Sunil s/o. Sadashiv Ghawale, age 40 years, Occ. Service, r/o. Mu. Bramhi, Post Masal, Tahsil Pauni, District Bhandara-441 908 ..Petitioner ...Versus.....
1. The State Government, Maharashtra State, 108, First Floor, Mantralaya Extension, Mantralaya, Mumbai
2. The State Government Social Welfare Department, 316, 3rd Floor, Mantralaya Extension, Mantralaya Mumbai 32
3. The Project Directorcum Coordinator, Maharashtra/Rashtriya Madhyamik Shiksha Abhiyan, Jawahar Bal Bhavan, 1st Floor, Netaji Subhash Marg, Charni Road (West) Mumbai 400 004
4. Director, Primary Education (Integrated Disabled Education Scheme Section) Maharashtra State, Directorate of Education, Dr. Annie Besant Marg,
Pune 411 001
5. Dy. Director, Amravati Division, Government o Maharashtra, Morris College Compound, T Point, Civil Lines, Nagpur
6. Education Officer (Secondary Education), Zilla Parishad, Bhandara
7. President, Vainganga Shikshan Sanstha, Tahsil Pauni, District Bhandara
8. Head Mistress, Vainganga Vidyalaya, Tahsil Pauni, District Bhandara, 441 910
9. Rashtriya Madhyamik Shikshan Abhiyan, Ministry of Human Resource Development Department of School, Education and Literacy, Shastry Bhawan, New Delhi 110 001
10. Union of India, through its Principal Secretary, Ministry of Human Resource Development, Govt. of India, Shastri Bhawan, New Delhi. ...... Respondents WRIT PETITION 4658 OF 2015 Mr. Rajesh s/op. Nivrutti Borle, age about 40 yrs, occ. Service, R/o. Bhattalnagar, Tahsil Murtizapur, Akola 444 107 ... Petitioner ...Versus.....
1. The State Government,
Maharashtra State, 108, First Floor, Mantralaya Extension, Mantralaya, Mumbai
2. The State Government Social Welfare Department, 316, 3rd Floor, Mantralaya Extension, Mantralaya Mumbai 32
3. The Project Directorcum Coordinator, Maharashtra/Rashtriya Madhyamik Shiksha Abhiyan, Jawahar Bal Bhavan, 1st Floor, Netaji Subhash Marg, Charni Road (West) Mumbai 400 004
4. Director, Primary Education (Integrated Disabled Education Scheme Section) Maharashtra State, Directorate of Education, Dr. Annie Besant Marg, Pune 411 001
5. Dy. Director, Amravati Division, Government o Maharashtra, Amravati.
6. Education Officer (Secondary Education), Zilla Parishad, Akola
7. President,Bhartiya Shiksha Mandal Samatanagar, Tahsil Murtizapur, District Akola 444 107
8. Head Mistress, Bhartiya Dnyanpeeth Vidyalaya and Junior College, Samtanagar, Tahsil Murtizapur, District Akola 444 107
9. Rashtriya Madhyamik Shikshan Abhiyan, Ministry of Human Resource Development Department of School, Education and Literacy, Shastry Bhawan, New Delhi 110 001
10. Union of India, through its Principal Secretary, Ministry of Human Resource Development, Govt. of India, Shastri Bhawan, New Delhi. ...... Respondents WRIT PETITION 4674 OF 2015
1. Mrs. Rohini w/o. Kesho Agasti, age about 45 yrs, Occ. Service, R/o. Wanjari Nagar, Nagpur
2. Mrs. Mukta w/o. Nikhil Abhyankar, age about 35 yrs, Occ. Service, R/o. 164, Siddesh Apts, 1st Floor, Abhyankarnagar, Nagpur 440 010 .... Petitioners ...Versus.....
1. The State Government, Maharashtra State, 108, First Floor, Mantralaya Extension, Mantralaya, Mumbai
2. The State Government Social Welfare Department, 316, 3rd Floor, Mantralaya Extension, Mantralaya Mumbai 32
3. The Project Directorcum Coordinator, Maharashtra/Rashtriya Madhyamik Shiksha Abhiyan, Jawahar Bal Bhavan, 1st Floor, Netaji Subhash Marg, Charni Road (West) Mumbai 400 004
4. Director, Primary Education (Integrated Disabled Education Scheme Section) Maharashtra State, Directorate of Education, Dr. Annie Besant Marg, Pune 411 001
5. Dy. Director, Nagpur Division, Government o Maharashtra, Civil Lines, Nagpur 440 001.
6. Education Officer (Secondary Education), Zilla Parishad, Civil Lines, Nagpur 440 001
7. President, Tilak Vidyalaya, Central Park Road, Dhantoli, Nagur 440 012
8. Head Mistress, Tilak Vidyalaya Madhyamik Shala, Central Park Road, Dhantoli, Nagpur 440 12.
9. Rashtriya Madhyamik Shikshan Abhiyan, Ministry of Human Resource Development Department of School, Education and Literacy, Shastry Bhawan, New Delhi 110 001
10. Union of India, through its Principal Secretary, Ministry of Human Resource Development, Govt. of India, Shastri Bhawan,
New Delhi. ...... Respondents -------------------------------------------------------------------------------------------------- Mr. A.R. Deshpande, counsel for petitioners.
Mrs. K.R. Deshpande, AGP for respondents 1,2,4,5,6/State. Mr. S.U. Waghmare, counsel for respondents 7 & 8 in WP 4657/2015 Mr. V.U. Waghmare, counsel for respondents 7 &8 in WP 4658/2015 Mrs. Mugdha Chandurkar, counsel for respondents 9 & 10. ------------------------------------------------------------------------------------------------- COR A M :
ROHIT B. DEO AND MRS. VRUSHALI V. JOSHI , J J .
DATE:
03.05.2023 JUDGMENT : (PER ROHIT B. DEO, J.) Heard.
2.
Rule. Rule made returnable forthwith. With consent, heard finally.
3.
The common grievance in the petitions is that the salary is withheld from March 2013.
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. A.R. Deshpande and the learned Assistant Government Pleader Mrs. K.R. Deshpande both state that these petitions 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.
Petitions are disposed of.
(Mrs. Vrushali V. Joshi, J.) (Rohit B. Deo, J.) belkhede RAVINDRA SURESHRAO P.A. to the Hon'ble Judge