Ku. Vandana Natthuji Khartade Alias Sau. Vandana W/O Pramod Ganvir v. Bharat Dnyan Mandal, Wardha Through Its Secretary And 3 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 150/2015.

Ku. Vandana Natthuji Khartade -VERSUSBharat Dnyan Mandal and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

DATE : AUGUST 04, 2016.

Heard Mrs. U.A. Patil, learned Counsel for the petitioner, Shri S. Ghate, learned Counsel for respondent nos. 1 and 2 and Shri N.S. Rao, learned A.G.P. for respondent no.4. None appears for respondent no.3, though served.

2.

Petitioner is directed to be reinstated by the School Tribunal, Chandrapur vide its judgment dated 07.02.2013, by setting aside the termination order dated 06.10.2005.

3.

Petitioner accordingly has been reinstated and learned Single Judge of this Court has in challenge to the judgment of School Tribunal, granted stay only

to back-wages. Petitioner is receiving her regular salary. Grievance is only in relation to salary for the period from 25.06.2014 till October, 2015. According to the learned Counsel for respondent nos. 1 and 2, the grievance as regards salary is up till 11.08.2015. He further submits that for releasing salary of petitioner, bills have already been submitted to respondent no.3 and respondent no.3 has to take suitable decision in the matter.

4.

Learned A.G.P. appearing for respondent no.4 states that instructions are still awaited in the matter.

5.

In this situation, we find that interest of justice can be met with by directing the respondent no.3 Education Officer to look into the bills submitted by the respondent nos. 1 and 2, in accordance with law. He should give opportunity of hearing to parties in the matter. Parties to remain present before said respondent no.3 on 31.08.2016 and to abide by his further instructions in the matter.

6.

Respondent no.3 shall pass suitable orders on the bills submitted to it by the respondent nos. 1 and 2 within next four weeks.

7.

At this stage, Mrs. Patil, learned Counsel for the petitioner points out that in view of reinstatement and continuity, petitioner is also entitled to grant of proper pay fixation. We keep this contention open for its appropriate evaluation, after bills are cleared by respondent no.3.

8.

In view of above discussion, we dispose of the Writ Petition. No costs.

JUDGE JUDGE Rgd.

CERTIFICATE is a true and correct copy of original signed judgment/order.

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