Bombay High Court
Vikas Shikshan Sanstha, Goregaon ... vs The State Of Maharashtra Through ... on 29 March, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 664 OF 2015
1] Vikas Shikshan Sanshtha,
Goregaon, Tah. Goregaon,
District Gondia, through its Secretary,
2] Adiwasi Post Basic Ashram School,
Kalkewada, Tah,. Goregaon, Distt.
Gondia, through its Head Master ...... PETITIONERS
...VERSUS...
1. The State of Maharashtra,
Through its Secretary, Department of
Tribal Development, Mantralaya,
Mumbai - 32.
2. The Upper Commissioner, Tribal Development,
Adiwasi Bhavan, Giripeth, Nagpur.
3. The Project Officer, Integrated Tribal
Development Project, Deoli, District :
Gondia.
4. Shri Narendrakumar s/o Demaji Kokude,
aged about 46 years, Occ. Service,
R/o. Pindkepar, Post Sukali (Dak),
Tah. Tiroda, Distt. Gondia.......... RESPONDENTS
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Shri P.B.Patil, counsel for Petitioners
Shri K.L.Dharmadhikari, AGP for Respondent Nos. 1 to 3
Shri I.N.Choudhari, counsel for Respondent no. 4
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CORAM: R. K. DESHPANDE, J.
th
DATE : 29 MARCH, 2017 .
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ORAL JUDGMENT
1] Notice for final disposal of the matter was
issued . The respondents have filed reply.
Rule made returnable forthwith.
Heard the matter finally by consent of learned
counsels appearing for the parties.
2] Undisputedly, for the period from 28.09.1998 to
31.04.1999, two teachers, viz. Shri Badwaik and Shri Kokude
were working on the same post which was admissible for
salary grant by the State Government. The salary of one of
such teachers namely Shri Badwaik was paid by the
management for the period from 22.06.1999 to 30.11.2005,
amounting to Rs.11,19,119/- from its own account and not
from the grant in aid.
3] By order dated 03.06.2014, the Additional
Commissioner, Tribal Development Department, Nagpur, has
directed the petitioners to pay the salary of another teacher
Shri Kokude for the period from 28.09.2002 to 16.12.2005.
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The grant in aid facility is refused by the respondents and
therefore, this petition challenges the order dated 03.06.2014
passed by the Additional Commissioner, Tribal Development
Department, Nagpur.
4] Undisputedly, the approval to the appointment of
Shri Kokude was granted on 21.04.2008 for the period from
28.09.2002 to 16.12.2005. In view of this, there was no
reason for the respondents not to extend the grant in aid
facility for reimbursement of salary of Shri Kokude for the
said period. The entitlement of the petitioners to grant in aid
is not in dispute. It is not the case where the salary of two
employees for one post is being released from the State
exchequer.
5] In the result, the writ petition is allowed. The
order dated 03.06.2014 passed by the Additional
Commissioner, Tribal Development Department, Nagpur, is
hereby quashed and set aside. The respondent No.3 is
directed to release the salary of the respondent No.4 for the
period from 28.09.2002 to 16.12.2005, within a period of one
month from the date of completion of all other requirements.
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Rule is made absolute in above terms. No
orders as to costs.
JUDGE
Rvjalit
