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Bombay High CourtCAN/78/2019ca disposed off

Govind S/O Tukaram Dhankar v. Swawalambi Shikshan Prasarak Mandal, Wardha Through Its President,Shri Madhaodas Mohata And 2 Other

2019-09-24Hon'Ble Shri Justice S.M. Modak2 pages

cp.84.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAN] No.78 of 2019 in Contempt Petition No.84 of 2019 Govind Tukaram Dhankar vs.

Swawalambi Shikshan Prasarak Mandal, Wardha & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri N.S. Warulkar, Advocate for the Petitioner. Shri P.A. Gode, Advocate for Respondent No.2. Mrs. Mayuri Deshmukh, A.G.P. for Respondent No.3.

CORAM

: S.M. MODAK, J.

DATE : 24 th SEPTEMBER, 2019.

In the order dated 17/09/2019, Education Officer (Secondary), Chandrapur was wrongly mentioned, because the judgment was delivered by the School Tribunal, Chandrapur. It ought to have been mentioned as Education Officer (Secondary), Wardha. So, in the order dated 17/09/2019, the word 'Chandrapur' be deleted and instead the word 'Wardha' be added.

The learned A.G.P. for respondent No.3 seeks time to take instructions from the Education Officer (Secondary), Zilla Parishad, Wardha, who is out of Maharashtra for some official work and make submission before the Court on the next date. In the meantime, my attention is drawn towards two letters, annexed to the petition at Page Nos.39 and 40. As per the letter dated 10/12/2018, the concerned Education Officer has directed the

cp.84.19 2/2 Superintendent, Pay & Verification Unit to submit a bill for administrative approval to the Director of Education, Pune. Accordingly, the Pay & Verification Unit, as per its letter dated 27/12/2018 has complied with the directions.

In case of failure of the Management to pay the full back wages within a month from the date of service of the order, the State Government/Education Officer (Secondary), Wardha was directed to pay full back wages from the grant payable to the Management. Admittedly, the Management, has not paid the amount of back wages. So, certainly, the Education Officer, Wardha can be directed to pursue the proposal with the Deputy Director of Education, Nagpur.

In that view of the matter, the respondent No.3 - Education Officer (Secondary), Zilla Parishad, Wardha is directed to pursue with the Deputy Director of Education, Nagpur about the proposal as submitted vide letter dated 27/12/2018 and also to inform the progress of that proposal on the next date to the Court. The respondent No.3 is also directed to remain present on the next date in the Court.

The application is disposed of in the above terms.

Authenticated copy of this order be supplied to the learned A.G.P. for respondent No.3 to act upon. Stand over after three weeks.

JUDGE *sandesh