Bombay High CourtWP/5166/2012dispossed offdismiss for default

Chabutai D/O Vithalrao Pawar v. The Education Officer And Three Others

2015-01-12Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

121wp5166.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5166 OF 2012 (Chabutai d/o. Vithalrao Pawar .vs. The Education Officer, Z.P., Washim and Ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.A.M.Sudame, Adv. for the petitioner.

Mr.A.S.Fulzele, A.G.P. for respondent no.1.

Ms Murti, Adv. for respondent nos. 2 and 4.

CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ.

DATE : 12th JANUARY, 2015.

Heard. Ms Murti, learned Counsel for respondent nos. 2 and 4 is seeking time to assist the Court. However, in view of additional affidavit placed on record and narration of the events by Mr.A.M.Sudame, learned Counsel for the petitioner, we find the adjournment unnecessary., The petitioner was not permitted to sign on the muster register on 1.7.2011 and after this petition came to be filed, because of Court's order dt.6.5.2013, she was allowed to join at Kothari. She continued to work in that school till she was transferred back to the original school at Savargaon. After she joined at Kothari, she has been receiving the salary regularly.

The grievance of the petitioner is regarding nonreceipt of salary from 1.7.2011 till she joined at Kothari. Some disputed questions arise. Hence, we find that the interest of justice can be met with by directing the petitioner to make a suitable representation to respondent no.1. If such

121wp5166.12 representation is made within twelve weeks from today, the same shall be looked into by respondent no.1 after giving the petitioner and the concerned employer necessary opportunity in accordance with law.

The order on the said representation shall be passed within next six weeks.

In view of the above, keeping all the rival contentions in relation to the claim of the petitioner open and with the above directions, we dispose of the present petition. No costs.

JUDGE JUDGE jaiswal