Bombay High Court
Renuka D/O Tulshiram Jadhav vs Assistant Commissioner Social ... on 23 January, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
1 wp8339.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.8339 OF 2019
Renuka d/o Tulshiram Jadhav,
aged about 55 years, occupation :
Service, r/o New Sonkhas,
Kalpana Nagar, near Sevalal Maharaj
Temple, Mangrulpir, District Washim. ... Petitioner
- Versus -
1) Assistant Commissioner, Social
Welfare Samajik Nyay Bhavan,
near residence of District Collector
Bungalow, Nalanda Nagar, Washim,
Taluq and District Washim.
2) Avinash Shikshan Prasarak Sanstha,
near Parlikar Petrol Pump/Police
Station, Mangrulpir, through its
Secretary Shri Raju s/o Devisingh
Rathod, r/o Village Chahel,
Taluq Mangrulpir, District Washim.
3) Vasantrao Naik Madhyamik Ashram
Shala, Chahel, Taluq Mangrulpir,
District Washim, through its Head Master
Shri Anil Anandrao More, r/o Village
Chahel, Taluq Mangrulpir,
District Washim.
4) Dagdusingh Naik Shikshan Prasarak
Sanstha, Lohgaon, Post Mahagaon,
Tahsil Karanja, District Washim,
through its Secretary.
5) Pratapsingh Naik Prathamik
Aashram Shala, Jogaldari,
Tahsil Mangrulpir, District Washim,
2 wp8339.19
through its Head Master. ... Respondents
-----------------
Shri S.V. Sohoni, Advocate for petitioner.
Shri A.S. Fulzele, Additional Government Pleader for respondent
no.1.
Shri A.S. Dhore, Advocate for respondent nos.2 and 3.
----------------
CORAM : A.S. CHANDURKAR AND
MRS.VRUSHALI V. JOSHI, JJ.
DATED : JANUARY 23, 2023
ORAL JUDGMENT (PER A.S. CHANDURKAR, J.) :
Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned Counsel appearing for the parties. Despite
service, there is no appearance on behalf of respondent nos.4 and 5.
2) The petitioner claims entitlement to the post of Madatnis
(Helper) at an Ashram School. Initially she came to be appointed at
the respondent no.3 School that was run by the respondent no.2
Society. Her services were thereafter absorbed at the respondent
no.5 School that is being run by the respondent no.4 Society. The
order of absorption is dated 26/5/2022 and it is not in dispute that
the petitioner has received salary for the period from March 2019 to
May 2022. The only grievance that now survives is with regard to
salary as per the recommendations of the 7th Pay Commission.
3 wp8339.19
Shri Sohoni, learned Counsel for the petitioner, submits that the
petitioner's pay bills in that regard are not being forwarded by the
respondent nos.4 and 5. Shri Fulzele, learned Additional
Government Pleader for respondent no.1, submits that if the pay
bills are accordingly forwarded, the same would be considered and
necessary orders thereon would be passed by the respondent no.1.
3) In view of these facts, since the service of the petitioner
stands absorbed at the respondent no.5 School from 26/5/2022, it is
directed that the respondent nos.4 and 5 shall forward the
petitioner's pay bills in accordance with the recommendations of the
7th Pay Commission. The necessary steps in this regard be taken by
the said respondents within a period of four weeks from receiving
copy of this judgment. Thereafter the respondent no.1 shall consider
the said pay bills in accordance with law and take appropriate steps
within further period of four weeks of receiving the same. With
these directions, the writ petition is disposed of. Rule accordingly.
No costs.
JUDGE JUDGE
khj
Digitally Signed By:KAMAL HUNDRAJ
JESWANI
Signing Date:27.01.2023 16:28
