Bombay High Court
Shivram Wamanrao Ubale vs The State Of Maharashtra And ... on 6 May, 2022
Bench: Ravindra V. Ghuge, S. G. Dige
1
6637.22CA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
916 CIVIL APPLICATION NO.6637 OF 2022
IN WP/2235/2017 WITH WP/2235/2017
SHIVRAM WAMANRAO UBALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr.V.G. Salgare, advocate for the applicant.
Mr.P.S. Patil, Addl. GP for respondent no.1.
Mr. M.P. Nikam, advocate for respondent nos.2 and 3.
Mr.U.B. Bondar, advocate for respondent no.4.
...
CORAM : RAVINDRA V. GHUGE &
S.G.DIGE, JJ.
DATE : 06.05.2022
P.C. :
1. By this civil application, the petitioner-applicant
has put-forth prayer clauses "B", "C" and "D", which read as
under :-
"B) That, the applicant may kindly be allowed to
withdraw the amount of Rs.4,14,920/- deposited
towards the salary of the applicant for the period
from 01.12.2016 to 31.03.2020 by the respondent
No.2 Management as per order passed by this
Hon'ble High Court on 03.03.2020 in WP
No.2235/2017 with the registry of this Hon'ble
6637.22CA
High Court in the interest of justice.
C) The respondent No.2 Management may
kindly be directed to deposit remaining amount of
Rs.31,992/- towards subsistence allowance for the
period from 10.10.2016 to 30.11.2016 as per 7th
pay commission in the bank account of the
applicant i.e. Account No.002711002002350 with
Aurangabad District Central Co-operative Bank
Ltd., Branch Aurangabad and further respondent
No.2 Management may kindly be directed to
deposit amount of arrears of salary of
Rs.16,69,636/- for the period from 01.12.2016 to
31.03.2020 as per 7th pay commission in the
registry of this Hon'ble High Court as per the order
passed by this Hon'ble High Court dated
03.03.2020 in the interest of justice.
D) Pending hearing and final disposal of this
Civil Application the applicant may kindly be
allowed to withdraw the amount of Rs.4,14,920/-
deposited by the respondent No.2 towards arrears
of salary in the registry of this Hon'ble High Court
as per the order passed by this Hon'ble High Court
on dated 03.03.2020 in the interest of justice."
2. The applicant-petitioner was earlier dismissed
6637.22CA
from service after conducting a disciplinary enquiry, on
07.07.2011. He approached the School Tribunal in appeal
no.34/2014. By judgment dated 9th June, 2016, the School
Tribunal passed the following order :-
"ORDER
The appeal is partly allowed as under.
The impugned inquiry is relegated to the
Management for deciding the charges against
the appellant afresh. The management is
directed to enquire the matter from the stage of
constitution of Inquiry Committee, removing
the respondent no.1 as a convener of the
inquiry committee. They are directed to
constitute the inquiry committee as per the
provisions of the MEPS Act and Rules and
conclude the inquiry within the period of four
months from the date of this order.
The appellant is deemed to be under
suspension till the completion of inquiry, from
the date of this order and entitled to the
subsistence allowance as per the provisions of
law.
No order as to costs."
6637.22CA
3. The applicant - petitioner was, therefore,
deemed to be placed under suspension from the date of his
original termination i.e. 07.07.2011. (Read Vidya Vikas
Mandal V/s Education Officer, 2007(3) Mh.L.J. 801,
paragraph 9). Admittedly, the petitioner has been paid
suspension allowance from 09.06.2016. He has been
dismissed from service by the Management, on 07.10.2016.
The petitioner contends that till today, the said order has
not been served upon him.
4. The learned advocate representing the
Management confirms that he has been dismissed on
07.10.2016, but does not have any document to be
presented before the Court today. He is also unable to
state, whether suspension allowance from 07.07.2011 to
09.06.2016 has been paid to the petitioner.
5. In view of the above, list the civil application as
well as the writ petition for urgent admissions and orders
on 10th June, 2022.
(S.G.DIGE, J.) (RAVINDRA V. GHUGE, J.)
SGA
