Shobha Bhagwanrao Bhahekar vs The State Of Maharashtra And Ors
2017 Latest Caselaw 9315 Bom

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           IN THE HIGH COURT OF JUDICATURE OF BOMBAY   
                       BENCH AT AURANGABAD

                         WRIT PETITION NO.6550 OF 2008

Shobha Bhagwanrao Bhahekar,
Age-49 years, Occu-Service,
R/o Adarsha Colony,
At Post Taluka Purna,
District : Parbhani                                     - PETITIONER 

VERSUS

1.       The State of Maharashtra,
         Through Secretary,
         Rural Development Department
         Maharashtra State.

2.       The Education Officer (Primary),
         Zilla Parishad, Parbhani,

3.       The Chief Executive Officer,
         Zilla Parishad, Parbhani,

4.       The Additional Commissioner,
         Aurangabad Division,
         Aurangabad                                     - RESPONDENTS 

Mr.U.B.Bondar, Advocate for the petitioner. Mr.Y.G.Gujrathi, AGP for respondent Nos.1 and 4. Mr.Renuka Ghule, Advocate for respondent Nos. 2 and 3.

( CORAM : RAVINDRA V. GHUGE AND SUNIL K. KOTWAL, J.J.)

DATE : 05/12/2017

ORAL JUDGMENT : (Per Ravindra V.Ghuge, J.)

1. Pursuant to our order dated 27/11/2017, learned Advocate

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appearing for the Zilla Parishad submits on instructions that after

the petitioner was placed under suspension by order dated

11/07/2008, the said suspension order has been withdrawn on

26/06/2009. The petitioner, thereafter, joined duites and has

subsequently retired from service after attaining the age of

superannuation. It is further submitted that all retiral benefits

available to the petitioner have been paid to her.

2. Mr.Bondar, learned Advocate for the petitioner submits that

considering the above statement of the learned Advocate for the Zilla

Parishad, this petition can be disposed of. He, however, hastens to

add that since this Court had granted interim relief on 11/02/2009

in terms of prayer clause 'C' and has stayed the order of suspension,

the petitioner would be entitled for full wages, if not already paid, at

least from 11/02/2009 till 26/06/2009. Learned Advocate for Zilla

Parishad submits that there is a possibility that all service benefits

have been paid to the petitioner pursuant to the interim relief granted

by this Court.

3. Considering the above, this petition is partly allowed in terms

of the interim relief granted by this Court vide prayer clause 'C'.

Rule is made absolute. In the event, the petitioner has not been paid

khs/DEC. 2017/6550

any of the salary benefits pursuant to the interim relief granted by

this Court, she would be at liberty to make a representation to the

Zilla Parishad within a period of 4 (four) weeks from today and on

receiving such representation, the Zilla Parishad shall pass

appropriate orders within a period of 6 (six) weeks keeping in view

the interim relief granted by this Court.

( SUNIL K. KOTWAL, J. ) ( RAVINDRA V. GHUGE, J.)

khs/DEC. 2017/6550