Mahesh Sahebrao Yadav Chandrapur vs Yeshwant Shikshan Sanstha ...
2017 Latest Caselaw 6956 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH, NAGPUR

                          WRIT PETITION NO. 2081 OF 2002

            Mahesh Sahebrao Yadav,
            aged about 31 years, R/o. At & PO
            Navargaon, Tahsil - Sindewahi,
            Distt. Chandrapur                                      ...... PETITIONER

                                 ...VERSUS...

 1.         Shri Yeshwant Shikshan Sanstha,
            Pendhari (Kokewada), Naghbir,
            Distt.Chandrapur, through its President.

 2.         Headmaster, Shivaji Vidyalaya,
            Pandhari (Kokewada), Tah. Sindewahi,
            Distt. Chandrapur.

 3.      Education Officer (Secondary),
         Zilla Parishad, Chandrapur.  ............                         RESPONDENTS
 -------------------------------------------------------------------------------------------
 Smt. U.A.Patil, counsel for Petitioner.
 Shri Rohit Vaidya, Adv.,h/f Shri Anand Parchure, Adv., for R-1 & 2.
 Shri  V.P.Thakre,  AGP for Respondent no. 3
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, AND
                                        MANISH PITALE, JJ.

th DATE : 8 SEPTEMBER, 2017 .

ORAL JUDGMENT (P.C.)

1] The petition pertains to challenge to the

suspension and payment of subsistence allowance. The

petitioner was placed under suspension from April, 2002 and

by way of prayer clause (ii), the relief is claimed for direction

to the respondents to pay the subsistence allowance.

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           2]              We do not find any reply by the respondents that

the subsistence allowance was paid to the petitioner. It is

reported by Smt. Patil, the learned counsel for the petitioner,

that subsequently the petitioner was terminated from service

and he has preferred an appeal before the School Tribunal.

3] In terms of Rule 34 of the Maharashtra

Employees of Private Schools Rules, 1981, the petitioner

would be entitled to payment of subsistence allowance for the

period during which he was placed under suspension.

4] In view of above, we allow this petition and direct

the respondent Nos. 1 and 2 to pay the petitioner

subsistence allowance payable as per Rules within a period

of two months from the date of receipt of this judgment for

the period during which the petitioner was placed under

suspension.

Rule is made absolute in above terms. No order

as to costs.

                                JUDGE                         JUDGE
 Rvjalit