Pandurang S/O Gulabrao Bhokre vs Additional Tribal Commissioner, ...
2022 Latest Caselaw 515 Bom

WP 786-19                                    1                      Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.
                    WRIT PETITION NO. 786/2019

Pandurang S/o Gulabrao Bhokre,
aged about 50 years, occupation service,
R/o C/o Vishnu Saku, Jaybhole Adiwasi Ashram Shala,
Ganeshpur, Tq. Morshi, Distt. Amravati.                         PETITIONER
                               .....VERSUS.....
1.   Additional Tribal Commissioner,
     behind T.B. Hospital, Camp, Amravati.

2.   Project Officer,
     Integrated Tribal Development Project, Dharni,
     Tq. Dharni, Distt. Amravati.

3.   Rajura Education Society,
     Through President/Secretary, Rajura Bazar.
     Tq. Warud, Distt. Amravati.                              RESPONDENT S

              Smt. S.W. Deshpande, counsel for the petitioner.
 Ms N.P. Mehta, Assistant Government Pleader for the respondent nos.1 and 2.
             Shri Deoul Pathak, counsel for the respondent no.3.

CORAM : A. S. CHANDURKAR AND SMT. PUSHPA V. GANEDIWALA, JJ.

DATE     : 14TH JANUARY, 2022.
ORAL JUDGMENT          (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The petitioner seeks a direction to be issued to the Project

Officer, Integrated Tribal Development Project, Dharni to release his

salary for the periods from 01.10.2009 to 19.09.2011, 20.09.2011 to

21.06.2012, 10.11.2012 to 10.05.2015 and 22.06.2012 to 10.11.2012.

WP 786-19 2 Judgment

3. It is the case of the petitioner that despite having discharged

duties during aforesaid period and entitlement to salary not being in

dispute the said amount has not been released by the respondent no.2.

4. In the reply filed by the respondent nos.1 and 2 it has been

stated in paragraph 8 as under:

"8. It is most respectfully submitted that the answering respondents were ready to release the salary of the Petitioner if the documents required for the release of salary were properly submitted by the Respondent no.3. The answering respondents further submit that the respondents are ready to abide by and comply the directions of this Hon'ble Court, if any given by this Hon'ble Court to release the salary of the Petitioner."

5. In view of aforesaid stand taken, it is not necessary to enter

into other aspects. The writ petition is accordingly disposed of by

directing the respondent no.3-Management to submit fresh pay-bills of

the petitioner for the period referred to above within a period of four

weeks from today. On such bills being submitted to the respondent no.2,

the amount to which the petitioner is entitled shall be duly released

within further period of four weeks from the receipt of the pay-bills. The

prayer of the petitioner of grant of interest is kept open for being agitated

in the appropriate proceedings.

 WP 786-19                                 3                        Judgment

6.          Rule accordingly. No costs.




     (SMT. PUSHPA V. GANEDIWALA, J.)      (A.S. CHANDURKAR, J.)


APTE




                                                   Signed By: Digitally signed
                                                   byROHIT DATTATRAYA
                                                   APTE
                                                   Signing Date:14.01.2022 17:02