Bombay High CourtCAW/2599/2016admittedallwdgrantedrule absolute

Navjagruti Shikshan Sanstha, Nagpur Through Its Secretary And Another v. State Of Maharashtra Through Its Secretary, Deptt. Of Education, Mumbai And Others

2016-12-15Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

1 caw2599.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO. 2599 OF 2016 IN WRIT PETITION NO. 3607 OF 2016 (NAVJAGRUTI SHIKSHAN SANSTHA & ANR ..VS..STATE OF MAH. & OTHERS.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.A. Naik, Advocate for Petitioners.

Shri J.Y. Ghurde, A.G.P. for Respondent Nos. 1 to 3. Shri M. Shaikh, Advocate for Respondent No.4. Shri P.B.Patil, Advocate for Respondent No.5 & 6. Shri A.K.Neware, Advocate for Applicant/ Intervener. CORAM : B.P.DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.

DATED : DECEMBER 15, 2016.

Advocate Shri Neware appearing for the applicants/ interveners submits that because of ongoing dispute and orders passed by this Court on 28th July, 2016 in Writ Petition No. 3607 of 2016 salaries of staff from April, 2016 are not paid.

We grant applicants leave to intervene. They be shown as interveners-Respondent Nos. 7 and 8 by amending the petition suitably.

Prima-facie, it is apparent that teaching and nonteaching staff of the school is not involved in the controversy. 4.

Advocate Shri Shaikh appearing for the Education Officer submits that inspection reveals that the interveners are performing their duties.

2 caw2599.16 5.

In this situation, without prejudice to rival contentions and without observing anything on correctness or otherwise of the alternate place to which the school is shifted, we direct the Education Officer to release, directly into respective bank accounts of concerned staff, their due and payable salary, within three weeks.

The parties to complete their pleadings by 31st December, 2016.

List the petition for further consideration on 6th January, 2017.

JUDGE JUDGE RRaut..