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Bombay High CourtMCA/713/2018rejected at admission stage

Shri. Panchmurti Education Society, Nagpur Thr. Its Secretary, Shriram N. Behare v. Education Officer (Primary), Zilla Parishad, Nagpur And Others

2018-07-13Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Z.A. Haq2 pages

1307mca713.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MCA (REVIEW) NO. 713 OF 2018 IN WRIT PETITION NO. 1162 OF 2018 (Shri Panchamurti Education Society, Nagpur thr. its Secretary Shri Shriram Narayanrao Behare vs. the Education Officer (Primary), ZP, Nagpur & Anr.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & Z.A. HAQ, JJ.

JULY 13, 2018.

Heard Shri N.D. Khamborkar, learned counsel for the applicant/ petitioner.

2.

The submission is, when the petitioner in Writ Petition No. 1162 of 2018 (Sau. Shobha Revanand Atkari) was under suspension, in terms of Rule 35 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, only subsistence allowance was payable and hence the direction to pay full salary is an apparent error.

3.

In Writ Petition, prayer (i) is to reinstate and by later part of that prayer, there is also a relief of direction to pay full salary on the ground that 120 days of suspension period has been completed.

4.

In the backdrop of this prayer, we have observed in the order that the petitioner's grievance was pertaining to difference between the subsistence allowance and full salary for the period from 08.07.2017 up to 28.02.2018. This order is passed on 08.06.2018, after noting admitted

1307mca713.18 position that the petitioner was receiving full salary from 01.03.2018. Thus, on that day, no objection to this grievance was raised.

5.

In this situation, we find the prayer for review erroneous. MCA is rejected. No order as to costs. 6.

The learned counsel for the applicant seeks extension of time of seven days to comply with the directions of this Court.

7.

As an exceptional matter, we extend that period by two weeks more.

JUDGE JUDGE *GS.