Bombay High Court
Shiv Vidya Prasarak Shikshan ... vs State Of Maharashtra, Education ... on 14 September, 2016
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3368 OF 2016
1. Shiv Vidya Prasarak Shikshan
Sanstha, Gurukrupa, Plot No.5,
Gujarwada, Kothi Road, Mahal,
Nagpur, Through its Secretary
Shri Subhash Murlidhar
Manchalwar.
2. Mahesh Primary School,
Hansapuri, Nagpur
Through its In-charge Head
Master Shri Subhash
Murlidhar Manchalwar. .......... PETITIONERS
// VERSUS //
1. State of Maharashtra,
Education Department
Through its Secretary,
Mantralaya, Mumbai-32.
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2. Zilla Parishad, Nagpur
Through its Chief Executive
Officer, Civil Lines, Nagpur.
3. The Education Officer
(Primary), Zilla Parishad,
Civil Lines, Nagpur. .......... RESPONDENTS
____________________________________________________________
Mr.D.V.Siras, Adv. for the Petitioners.
Mr.Mukund Ekre, AGP for respondent no.1.
Mrs.I.L.Bodade, Adv. with Mr.G.G.Mishra, Adv. for
respondent no.3.
____________________________________________________________
CORAM : B.R. GAVAI
AND
V. M. DESHPANDE, JJ.
DATED : 14th SEPTEMBER, 2016.
ORAL JUDGMENT (Per B.R. GAVAI, J) :
1. Rule. Rule is made returnable forthwith. Heard
by consent.
2. The petitioners have approached this Court
seeking a direction to respondent nos. 2 and 3 to facilitate
releasing/processing of salaries of teachers as well as
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teaching and non-teaching staff of petitioner no.2 School
from January, 2016 to May, 2016. The petitioners had
submitted a proposal vide application dt.1.3.2011. The said
application was rejected vide order dt.12.11.2012. The
petitioners being aggrieved thereby approached this Court
by way of Writ Petition No.499 of 2013. The petition was
partly allowed by quashing and setting aside the order
dt.12.11.2012 and the State Government was directed to
reconsider the matter. The matter is still pending before
the State Government.
3. However, it appears that, in the intervening
period, the salary bills of the employees holding teaching
as well as non-teaching posts in petitioner no.2 School are
not processed by respondent nos. 2 and 3.
4. It is not in dispute that respondent no.2 is
running the school and the employees employed in the said
School are working therein. Merely because the proposal
for grant of permission to shift the School is pending
before the State Government, cannot be a ground for not
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processing the salary bills of the employees working in
petitioner no.2 School.
5. In that view of the matter, we direct respondent
nos. 2 and 3 to accept the pay bills submitted by petitioner
nos. 1 and 2 and process the same and pay the salaries of
the teaching as well as non-teaching employees of the
petitioner no.2 School. The same shall be done within a
period of four weeks from today.
With the aforesaid directions and observations,
the Writ Petition is disposed of with no order as to costs.
JUDGE JUDGE
[jaiswal]
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CERTIFICATE
I certify that this Judgment uploaded is a true and
correct copy of original signed Judgment.
Uploaded by : Jaiswal, P.S. Uploaded on : 19.9.2016.
