Bombay High Court
Sulochana Bhanudas Ugale vs The Secretary, Junnar Taluka ... on 5 September, 2022
Bench: M. G. Sewlikar
{1} CP 48 OF 2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 CONT. PETITION NO.48 OF 2018
IN WP/9282/2014
SULOCHANA BHANUDAS UGALE
VERSUS
THE SECRETARY, JUNNAR TALUKA SHIKSHAN MANDAL AANE,
PUNE AND OTHERS
...
Advocate for Petitioner : Shri C.D. Biradar
AGP for Respondent No.3 : Shri S.N.Morampalle
Advocate for Respondent Nos.1 & 2 : Shri A.R.Borulkar
...
CORAM : M.G.SEWLIKAR, J.
DATE : 5th September, 2022
PER COURT :-
1. Heard.
2. This Court in Writ Petition No.9282 of 2014 had given
directions, which read thus :
"27. In the light of the above, this petition is partly allowed.
The impugned judgment of the School Tribunal dated
13.7.2014 is modifed. Appeal No.68 of 2008 is partly allowed
by directing the respondent No.1 / management to pay salary
for six months, under Section 11(2)(e) of the MEPS Act,
alongwith all allowances, as per the VI Pay Commission
Recommendations, within period of six weeks from today,
failing which, the said amount shall carry interest at the rate
of 6% per annum from the date of the judgment of the School
{2} CP 48 OF 2018
Tribunal. In addition thereto, respondent No.1 / management
shall pay an amount o Rs.1,00,000/- (Rs. One Lakh only)
towards costs to the petitioner within six weeks from today for
having attempted to mislead the School Tribunal as well as
this Court by putting forth a false stand through it's written
statement dated 11.9.2009."
3. Learned counsel for the respondent Nos.1 and 2 submits
that in accordance with these directions, the respondent
management paid Rs.1,49,000/- by cheque to the petitioner and
the petitioner has accepted it.
4. Respondent No.3 - the Education Ofcer by his letter dated
27th July, 2017 has informed this Court that the salary payable to
the petitioner as per directions of this Court is Rs.1,01,235/-. The
Hon'ble Supreme Court in Special Leave to Appeal (C) No.11936
of 2017 has observed that amount of Rs.1,00,000/-, which is
directed by this Court to be paid to the petitioner towards costs,
will be treated as the damages. The respondent management
accepts that this amount is still not paid. The petitioner had
disputed the calculations made by the respondent No.3 -
Education Ofcer and respondent Nos.1 and 2. Therefore, this
Court had referred the matter to the Registrar (Judicial) for
calculations. The Registrar (Judicial) has made the calculations
and has arrived at a fgure of Rs.1,01,235/- to be paid by the
{3} CP 48 OF 2018
respondent management to the petitioner. Learned counsel for
the petitioner admits that the total amount payable from the
respondent management is Rs.1,01,235/- [as calculated by the
Education Ofcere + amount of damages @ Rs.1,00,000/-. Thus,
the total amount comes to Rs.2,01,235/-. The learned counsel for
the petitioner admits that he has received Rs.1,49,788/-. Thus,
the total amount due from the responent management is
Rs.51,447/-. The learned counsel for the petitioner admits that
this amount only is due from the respondent.
5. Learned counsel for the respondent management submits
that the cheque was ready, however, it's validity has expired. He
seeks time to issue another cheque.
6. List the matter on 15th September, 2022.
( M.G.SEWLIKAR )
JUDGE
SPT
