Shri Samarth New Education Society Thr. Its President Nanakram Magandas Gajipure and Oths Vs Ku. Pushpa D/O Shantilal Dakhane (Maiden Name) Sau. Pushpa Suryawanshi (After Marriage) and Oths

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2707caw1680.12.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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CIVIL APPLICATION W. NO.1680/2012 IN WRIT PETITION NO.6100/2011 (D)

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Shri Samarth New Education Society and others

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...Versus...

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Ku. Pushpa d/o Shantilal Dakhane and others

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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.Z. Jibhkate, Adv. for R- 1

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 S/Shri S.K. Pardhy, A.K. Tripathi, Advs. for petitioners

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CORAM : A.B. CHAUDHARI, J. DATE : 27.07.2012

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Heard.

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Learned Counsel for the petitioners was
served with the copy of this application on
20.6.2012. Thereafter, the matter was adjourned on
6.7.2012 and was listed on 20.7.2012. Today,
learned Counsel for the original petitioners again
seeks time to file reply to this application. On
6.7.2012, learned Counsel for respondent no.1 �
employee had agreed that she had received
Rs.50,000/- and though time expired on 15.6.2012
as per the judgment and order, dated 23.4.2012,
passed by this Court, for making payment of entire

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2707caw1680.12.odt

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subsistence allowance and arrears thereof from the
date of her termination i.e. from 9.8.2010 till
15.6.2012, fact remains that only amount of
Rs.50,000/-waspaid.Thereafter,though
application for extension was sought, the same was
not circulated. The net result is that time to
make payment expired on 15.6.2012.

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The request made by the learned Counsel
for the original petitioners for adjournment is
rejected since on 6.7.2012 a statement was made
that within one week another Rs.50,000/- will be
paid to respondent no.1 and enough time was
granted. However, till date there is no evidence
of making of payment of Rs.50,000/- as agreed
before this Court on the last date, except making
a show by a photocopy of the cheque and postal
receipt.

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Learned Counsel for respondent no.1 �
employee states that there is error on the face of
record in operative order (v) since no consequence
for non-compliance has been provided. Respondent
no.1 and her Counsel are present before me and
they state that the said alleged cheque has not
been received even till this date. At any rate,
what I find is that the time expired on 15.6.2012
for making payment of entire subsistence allowance
and arrears thereof and thereafter admittedly no
extension was even claimed before the Court.

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2707caw1680.12.odt

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According to Advocate Shri Jibhkate for
respondent no.1, the total amount of arrears etc.
comes to Rs.4,50,000/-, out of which only
Rs.50,000/- has been paid till date. Thus, there
is no compliance much less substantial compliance
of the said order. Even though this Court had
given opportunity of making the payment
particularly vide order dated 6.7.2012, there
appears to be no desire on the part of the
original petitioners to comply with the order even
after the expiry of the period. That being the
conduct of the original petitioners, I do not
think that respondent no.1 can be left high and
dry. It appears that the original petitioners want
that the enquiry should be conducted and completed
before the Tribunal as per the judgment and order
of this Court, without clearing all the payments
due to respondent no.1. Such a ploy cannot be
allowed. There is an error on the face of record
in not providing consequences in case of failure
to comply with the operative order (v) in the
judgment and order dated 23.4.2012. At any rate, I
have gone through the charges levelled against
respondent no.1 and I find that the charges to be
of trifle nature. Be that as it may, since the
order has not been complied with and since the
originalpetitionersareprolongingthe
proceedings and want to nullify the directions of

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2707caw1680.12.odt

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this Court, the only way is to clarify the said
operative part of the order in the judgment.
Hence, I make the following order.

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O R D E R

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(i)Civil Application is partly allowed.
(ii)It is clarified that the permission

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granted by this Court to hold de novo enquiry
before the School Tribunal is conditional inasmuch
as the entire payment of subsistence allowance and
arrears thereof was to be made by 15.6.2012. The
entire payment of subsistence allowance and
arrears thereof having not been made, the said
permission to hold the enquiry is recalled.
Consequently, the judgment and order, dated
28.9.2011, passed by the School Tribunal in Appeal
No.STN/44/2010 is restored and shall be complied
with by the original petitioners within a period
of six weeks.

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No order as to costs.

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JUDGE

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ssw

Shri Samarth New Education Society Thr. Its President Nanakram Magandas Gajipure and Oths v. Ku. Pushpa D/O Shantilal Dakhane (Maiden Name) Sau. Pushpa Suryawanshi (After Marriage) and Oths

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Shri Samarth New Education Society Thr. Its President Nanakram Magandas Gajipure and Oths v. Ku. Pushpa D/O Shantilal Dakhane (Maiden Name) Sau. Pushpa Suryawanshi (After Marriage) and Oths

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Shri Samarth New Education Society Thr. Its President Nanakram Magandas Gajipure and Oths Vs Ku. Pushpa D/O Shantilal Dakhane (Maiden Name) Sau. Pushpa Suryawanshi (After Marriage) and Oths