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Bombay High CourtWP/6065/2013dispossed offdismiss for default

Ku. Sadhana Hemraj Sahare And Another v. Additional Commissioner Of Tribal Development Department And 3 Others

2015-01-29Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar2 pages

16-WP-6065-13 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.6065 OF 2013 Ku. Sadhana Hemraj Sahare & Anr.

-vsAddl. Commissioner of Tribal Development Dept. & Ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri P.N. Shende, Advocate for petitioner.

Shri Kankade, AGP for respondent Nos.1 and 2. CORAM : B.P.DHARMADHIKARI & A.S.CHANDURKAR, JJ.

DATE : 29.01.2015.

Shri Shende, Advocate for petitioner, on instructions, states that grievance of petitioners will be redressed if their salary from the date of absorption i.e. August 2014 is directed to be paid.

Learned AGP appearing for respondent Nos.1 and 2 states that the prayer in petition is for releasing salary for altogether different period. He, however, points out that subsequent to event of absorption order, the management which has absorbed them are not made parties. He is therefore seeking time to obtain instructions. As the petitioners themselves state that they are absorbed in two different schools, it is not necessary for this Court to adjourn the matter. Their respective employers are duty bound to submit salary bills to respondent No.2 and respondent No.2 is thereafter obliged to consider it as per

16-WP-6065-13 2/2 law. If respondent No.2 has no authority to receive such salary bills, respondent No.2 shall direct the employer who have absorbed the petitioners to submit the same to his office or the concerned Project Officer within a period of four weeks from today. After such salary bills are submitted, respective Project Officer shall process it as per law within next six weeks.

With these directions and keeping all other rival contentions open, we dispose of the petition with no order as to costs.

JUDGE JUDGE asmita