Baburao Ananda Rahate vs The State Of Maharashtra And ...
2021 Latest Caselaw 11119 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

                   WRIT PETITION NO.13718 OF 2018

               BABURAO ANANDA RAHATE
                             VERSUS
       THE STATE OF MAHARASHTRA AND OTHERS
                                ...
      Advocate for the Petitioners : Shri Kedar Shrimant R.
      AGP for Respondents 1 and 2 : Shri S.B. Pulkundwar
      Advocate for Respondents 4 and 5 : Shri V.G. Salgare
         Advocate for Respondent 3 : Shri A.N.Jagatkar
                                ...
                         CORAM : RAVINDRA V. GHUGE
                                             &
                                      S.G. MEHARE, JJ.

DATE :- 17th August, 2021 Per Court :-

1. We have heard the learned advocates for the

respective sides to some extent. By an order passed by this Court

on 03.12.2015 in Writ Petition No.781/2015, the Deputy Director

of Education was directed to hear the petitioner as well as

respondent Nos.3 to 5 to the extent of the prayer of the petitioner

for payment of his salary dues with effect from 01.09.2008 till he

was in employment upto 03.12.2015. The Deputy Director of

Education was indicated by this Court that he would hear all the

parties on the representation made by the petitioner and pass a

reasoned order.

2. There is no dispute that on the representation made

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by the petitioner pursuant to the order of this Court, the

Education Officer (Primary), has passed an order on 01.11.2019

mandating the payment of salary to the petitioner on the basis of

the pay scale Rs.5200-20200/- with Grade Pay of Rs.2800. There

is also no dispute that, neither the petitioner nor respondent No.4/

Management, have challenged this order before this Court.

3. The petitioner has preferred this petition seeking

calculations of his unpaid salary by acknowledging that he has

received Rs.1,51,200/- until now. By this petition, the petitioner

has put forth prayer clause B, which reads as under :-

"B) Kindly be directed to Respondent No.4 and 5 to release the due salary of petitioner from 01.09.2008 to 15.12.2014 with 9% interest thereon."

4. Despite the fact situation that respondent No.4/

Management has not challenged the order of the Education

Officer dated 01.11.2019, which was delivered pursuant to our

directions, Shri Salgare, learned advocate, consistently argues

before us that there are many judgments which are to be

considered and there is Schedule-C which is to be considered. All

his submissions are abstruse and in the absence of posing a

substantive challenge to the said order. We cannot entertain such

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arguments which are made in air without there being any

challenge to a specific order passed by the competent authority

pursuant to the directions of this Court.

5. In view of the above, this Writ Petition is partly

allowed with the following directions :-

(a) Respondent No.3/ Education Officer shall calculate

the unpaid salary of the petitioner in view of the pay

scale set out on internal page 4 of the order dated

01.11.2019. Such calculations shall be made on or

before 15.09.2021, taking into account that an

amount of Rs.1,51,200/- has been paid by the

Management to the petitioner.

(b) Respondent No.3 shall transmit the said order

calculating the unpaid salary, to respondent No.4/

Management on or before 30.09.2021 directing

respondent No.4 to make the said payment to the

petitioner within 30 days therefrom i.e. the

Management shall be duty bound to pay the said

amount to the petitioner on or before 30.10.2021.

kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)