Bombay High Court
Sau. Mangala W/O Rajesh Mankar vs Swanand Anil Dhawad, Secretary- ... on 27 April, 2022
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CONTEMPT PETITION NO. 103 OF 2019
Sau. Mangala w/o Rajesh Mankar
Vs.
Swanand Anil Dhawad and Ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.A.D. Mohgaonkar, Advocate for petitioner.
Mr.C.S. Kaptan, Senior Advocate assisted by Mr.P.S.Chawhan,
Advocate for respondent Nos.1 & 2.
CORAM : MANISH PITALE J.
DATE : 27.04.2022.
When the petition is called out for
hearing, Mr. Kaptan, learned Senior Counsel
appearing for respondent Nos.1 and 2 states that
demand draft of ₹ 5,00,000/- (₹ Five Lakhs only) is 5,00,000/- (₹ 5,00,000/- (₹ Five Lakhs only) is Five Lakhs only) is
ready for deposit in the Registry of this Court. The
said demand draft shall be deposited in the Registry
of this Court during the course of the day.
2. The Registry is directed to disburse the
said amount in favour of the petitioner forthwith.
3. It transpired during the course of the
arguments that for the period for which back-wages
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are due and payable to the petitioner, between
30.04.2007 and 01.07.2009, the said post was
vacant. On the basis of directions given in the case of
Kohali Rural Education Society and anr. Vs. The State
of Maharashtra and Others (judgment and order
dated 24.08.2016) by Division Bench of this Court in
Writ Petition No.6274/2015 and the judgment of a
learned Single Judge of this Court dated 10.12.2019
passed in Writ Petition No.5108/2013 (Nutan
Vidarbha Shikshan Mandal and anr. Vs. Ambadas
Sitaram Satange and anr.) and connected petitions, it
is evident that appropriate directions can be given to
the respondent No.3 - Education Officer to examine
the facts and to pass appropriate orders to disburse
back-wages for the said period between 30.04.2007
and 01.07.2009 in favour of the petitioner at the
earliest.
4. In order to facilitate the said exercise, the
respondent Nos.1 and 2 are directed to submit bills
for the aforesaid period before the Education Officer
within two weeks from today.
5. Upon such bills being submitted, the
Education Officer shall take a decision on the same
and upon being satisfied that the position clarified by
this Court in the above mentioned decisions is
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satisfied, he shall disburse the amount payable to the
petitioner within six weeks of the bills being
submitted by respondent Nos.1 and 2.
6. For the remaining period, it is obvious that
the respondent No.1 has to pay the amount of back-
wages due to the petitioner.
7. In view of the above, the respondent No.1
is directed to arrange for payment of the said amount
of back-wages and to make a sincere effort to pay
substantial component of such back-wages due to the
petitioner before the next date of listing.
8. List for further consideration on
15.06.2022.
JUDGE
Prity
Digitally signed
by PRITY S
PRITY S GABHANE
GABHANE Date:
2022.04.28
19:02:19 +0530
