Citation : 2016 Latest Caselaw 1931 Bom
Judgement Date : 27 April, 2016
Judgment wp398.05
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 398 OF 2005.
Ku. Sita Tryambak Zagde,
aged about 30 years, Occ - Service,
r/o. Raipur, Tq. and District
Buldhana. ....PETITIONER.
ig VERSUS
1. The State of Maharashtra
through its Secretary,
Education Department,
Mantralaya, Mumbai - 32.
2. Education Officer (Secondary)
Zilla Parishad, Buldhana.
3. President,
Jeevan Vikas Shikahsn Sanstha,
Sawargaon (Dukre), Tq. Chikhli,
District Buldhana.
4. Headmaster,
Umakant Vidyalaya, Salgaon (Bhusari)
Tq. Chikhli, District Buldhana. ...RESPONDENTS
.
-----------------------------------
None for Petitioners.
Mr. Lokhande, Asstt. Govt. Pleader for Respondent Nos.1 and 2.
Mr. P.B. Patil, Advocate for Respondent Nos. 3 and 4.
------------------------------------
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Judgment wp398.05
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CORAM : B.P. DHARMADHIKARI
& P.N. DESHMUKH , JJ.
DATED : APRIL 27, 2016.
ORAL JUDGMENT. (Per B.P. Dharmadhikari, J)
None appears for the petitioner. Shri Lokhande, learned A.G.P.
appears for respondent nos. 1 and 2 and Shri P.B. Patil, learned Counsel is
present for respondent nos. 3 and 4.
2. Prayer clause (1) in the petition is to direct respondents to release
salary of petitioner from 01.01.2000 till filing of the petition, in January,
2005 and for declaration that petitioner is a permanent employee.
3. Learned Counsel appearing for the respondents have invited our
attention to a Pursis filed by the respondent nos. 3 and 4 vide stamp no.
5943/2007, producing with it copy of the approval dated 23.03.2007. The
approval has been given from 01.07.2003 as Assistant Teacher on probation
in the pay scale of Rs. 4550-7000. It therefore, appears that petitioner is
already recognized as a permanent employee. Similarly perusal of orders
Judgment wp398.05
passed by this Court on 25.02.2007, while disposing of Civil Application No.
7190/2006 show that for period from 01.01.2001 till December 2003, an
amount of Rs. 2,49,670/- was deposited with the Registry of this Court by
the management, as salary. On 23.04.2007 this Court has allowed Civil
Application No. 1341/2007 and petitioner was permitted to withdraw that
amount.
4.
In view of these developments, it is apparent that grievance in
present petition is already satisfied. Writ Petition is accordingly disposed of.
Rule discharged. No costs.
JUDGE JUDGE
Rgd.
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