Bombay High Court
Devendra S/O Baijnath Tiwari vs Anil S/O Shyamsunder Agrawal And ... on 23 March, 2022
Bench: Manish Pitale
1 905 cp 73.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CONTEMPT PETITION NO. 73 OF 2019
IN
WRIT PETITION NO. 733 OF 2017 (D)
Shri Devendra s/o Baijnath Tiwari
..VS..
Shri Anil s/o Shyamsuder Agrawal, the Secretary and ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri A.D. Mohgaonkar, Advocate for the petitioner.
Shri A.C. Dharmadhikari, Advocate for respondent nos. 1 and 2.
Shri K.L. Dharmadhikari, A.G.P. for respondent nos. 3 and 4.
CORAM : MANISH PITALE, J.
DATED : 23/03/2022.
When this Contempt petition is called out for
hearing, Mr. A.D. Mohgaonkar, learned Counsel appearing for
the petitioner, has handed over an additional affidavit along
with documents, copies of which have been served on the
learned Counsel appearing for the respondents. The
additional affidavit along with the documents is taken on
record.
2. Learned Counsel appearing for the respondent
nos. 1 and 2 has handed over a Pursis along with a letter
dated 05.03.2022, written by the Education Officer to the
Deputy Secretary of the Education Department, seeking
guidance as regards payment of arrears of back-wages to the
petitioner, in the light of the judgment of the Division Bench
of this Court in the case of Kohali Rural Education Society
and anr. vs. State of Maharashtra and others (Writ Petition
No.6274 of 2015).
3. According to the learned Counsel appearing for
the respondent nos. 1 and 2, in terms of the law laid down in
2 905 cp 73.2019
the aforesaid judgment of the Division Bench of this Court,
since this case concerns s sanctioned post in a 100% grant-in-
aid institution and the said post remained vacant through out
the period of the dispute between the parties, the liability to
pay back-wages ought to be satisfied from the grant-in-aid
being received by the Institute.
4. Mr. K.L. Dharmadhikari, learned Assistant
Government Pleader appearing for respondent nos. 3 and 4,
i.e. the Education Officer and Deputy Director of Education
submits that he shall positively seek instructions before the
next date of listing with regard to the issue raised on behalf of
respondent nos. 1 and 2.
6. Without prejudice to the aforesaid issue raised on
behalf of respondent nos. 1 and 2, Mr. A.C. Dharmadhikari
learned Counsel appearing for the said respondents, makes a
statement that respondent no.1 shall pay on behalf of the
Institution an amount of Rs.5,00,000/- within one week, to
the petitioner.
7. List for further consideration on 11.04.2022.
JUDGE
Trupti
TRUPTI SANTOSHJI AGRAWAL
24.03.2022 18:27
