Pratibha Manohar Chinchmalatpure v. State Of Maharashtra, Ministry Of Higher Education, Thr. Chief Secretary, Mumbai And ORS
2025:BHC-NAG:10289-DB 1 1-CAW-327-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAW) NO. 327 OF 2024 AND CIVIL APPLICATION (CAW) NO. 2639 OF 2023 IN WRIT PETITION NO. 5225 OF 2023 DR. PRATIBHA MANOHAR CHINCHMALATPURE Vrs.
STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri A. M. Chandekar, Advocate for petitioner. Shri A. B. Badar, AGP for respondent Nos.1 to 3. Ms. Shaad Mirza, Advocate for respondent No.4. Shri Siddesh Deshmukh, Advocate for respondent No.5. CORAM: ANIL L. PANSARE AND Y. G. KHOBRAGADE, JJ.
DATE : 06/10/2025.
1.
The counsel for petitioner is not pressing these applications.
2.
Applications are disposed of as not pressed.
WRIT PETITION NO. 5225 OF 2023 3.
On 29/09/2025, following order is passed.
"1.
Learned AGP has tendered across the bar an Affidavit of Joint Director of Higher Education, Amravati Division, Amravati, towards compliance of order dated 18th August, 2023 read with order dated 12th September, 2025.
2.
Heard for sometime.
3.
One of the issues is regarding the manner in which the amount of salary is to be released. According
2 1-CAW-327-2024.odt to the petitioner, the Government should deposit the amount into his salary account, and that the same was being done for all these days upto filing of the present petition. Joint Director of Higher Education, Dr. Abhay K. Khamborkar, who is present in the Court, submits that since, the college is affiliated to Amravati University, the salary has always been deposited in the account of the college run by the management, upon which the college is supposed to disburse the salary to the teachers'/ employees' accounts.
4.
Thus, one out of the two parties is making an incorrect statement. Both the parties shall therefore, place on record the supporting document/s.
5.
List the matter for further orders, in the week commencing 06.10.2025."
4.
In response to whatever we have noted in Para No.3 of the order, learned AGP has tendered across the bar documents indicating that the salary of the teachers was deposited in the account of college. As against, petitioner has only filed affidavit saying that salary was deposited in his personal account. The petitioner has not placed on record the statement of account which means that on 29/09/2025, it is the petitioner who made incorrect statement. The petitioner should be careful while making statement before the Court.
5.
Ms. Shaad Mirza, learned counsel appears and submits that she will be appearing for respondent No.4 and seeks time to prepare herself.
6.
Time granted.
3 1-CAW-327-2024.odt 7.
Stand over after Diwali Holidays.
[Y. G. KHOBRAGADE, J.] [ANIL L. PANSARE, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 07/10/2025 13:12:08