Ku. Punam D/O Rameshrao Lonkar v. The Secretary Nehru Education Society, Yavatmal And 3 Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR Writ Petition No.94/2014 Ku. Punam d/o Rameshrao Lonkar Vs. The Secretary, Nehru Edu. Soc. And others.
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Orders.
CORAM : B.P. Dharmadhikari & A.P. Bhangale, JJ DATE : 16th February, 2015.
Heard Advocate G.R. Sadar for the petitioner, Advocate Kulkarni for respondent nos. 1 and 2 and AGP Adgokar for the respondent no.4.
The Management has already submitted a bill to office of respondent no.4 for releasing withheld increment and 7 days' salary. The salary was withheld and the increment was not released due to charge that the petitioner misled the Management. Ultimately, the Management has held another inquiry for that misconduct and proper punishment is being looked into. In this situation, the direction by Grievance Committee to release petitioner's salary for 7 days and to release withheld increment cannot be said to be erroneous or without jurisdiction.
The Management has already submitted that salary bill to respondent no.4. Respondent no.4 shall process it within a period of
four weeks from today and release necessary amount to the petitioner within next four weeks.
Insofar as the grievance of the petitioner about H.R.A. Is concerned, the Management found that she was not residing at Headquarters i.e. Ner Persopant. The order of Grievance Committee itself shows that the petitioner had applied for leave to undertake to and fro journey from Amravati as her children were young. In this situation, as the petitioner was not staying at headquarter, refusal of respondent no.4 to release H.R.A. cannot be said to be unjustified. Advocate Sadar, however, submits that the petitioner thereafter has shifted to Ner Persopant. It is for the petitioner to demonstrate this part by bringing on record the necessary material, we grant her opportunity to make suitable representation for the said purpose to respondent no.4. If such representation is made by her within four weeks from today, respondent no.4 shall consider it in accordance with law within next six weeks.
With these directions and keeping all rival contentions about the H.R.A., open, we dispose of the writ petition. No costs. JUDGE JUDGE Ambulkar