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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION No.1676 OF 2007
Dr. (Mrs.) Farkhunda Aniskhan,
resident of Prashant Nagar,
Plot No.74, Katol Road, Nagpur. : PETITIONER
...VERSUS...
1. State of Maharashtra,
through the Secretary,
Higher Education Department,
Mantralaya, mumbai-32.
2. The Director of Higher Education,
Maharashtra State, Central Bldg.,
Pune.
3. The Joint Director of Higher Education,
Old Morris College Building,
Sitabuldi, Nagpur.
4. H.B.T. Arts & Commerce College,
through its Principal, New Sudhedar
Layout, Dattatraya Nagar, Nagpur-440 024.
Amendment 5. Shadab Education Society,
carried out as per through its Secretary Administrator,
court's order New Subhedar Layout,
dt.7.2.2017. Dattatraya Nagar, Nagpur-440 024. : RESPONDENTS
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Shri Vaidya holding for Shri Anand Parchure Advocate for the Petitioner.
Shri V.A. Thakare, Asstt. Government Pleader for the Respondent Nos.1 to 3.
None for the Respondent Nos.4 and 5.
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CORAM : SMT. VASANTI A. NAIK AND
V.M.DESHPANDE, JJ.
DATE : 28 th
FEBRUARY, 2017.
ORAL JUDGMENT : (PER : Smt. Vasanti A. Naik, J.) By this writ petition, the petitioner had sought a direction against the respondents to grant approval to the appointment of the petitioner on the post of Lecturer. By amending the writ petition, the petitioner has sought a direction against the respondent Nos.4 and 5 - management to pay the difference of arrears of salary to the petitioner for the period from 1.1.2006 to 30.9.2008.
Shri Vaidya, the learned counsel holding for Shri Anand Parchure, the learned counsel for the petitioner states that since the services of the petitioner are terminated, the prayer made by the petitioner for a direction against the respondents to grant approval to the appointment of the petitioner would not survive. It is stated that the grievance of the petitioner would stand redressed, if this Court directs to the respondent Nos.4 and 5 to pay the arrears of difference of salary to the petitioner for the period from 1.1.2006 to 30.9.2008.
None appears on behalf of the respondent Nos.4 and 5 though served. Since an Administrator is appointed on the respondent No.5 society, we had issued a notice to the respondent No.5 through the Administrator and the notice is duly served. However, none appears on ::: Uploaded on - 02/03/2017 ::: Downloaded on - 03/03/2017 00:53:57 ::: J-wp1676.07.odt 3/3 behalf of the respondent No.5 despite service.
In view of the aforesaid, the writ petition is disposed of with a direction to the respondent Nos.4 and 5 to pay the arrears of difference of salary to the petitioner from 1.1.2006 to 30.9.2008, if the same is payable and is not yet paid, within four months. Order accordingly. No costs.
JUDGE JUDGE
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