Disposed

Shri Suresh Balu Rathod and Ors. v. Gramudhar Vidya Prasarak Shikshan Sanstha Thr. Its Sec. and Ors.

Bombay HC28 Oct 2013WP/931/2013

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking arrears of salary from March 2012. Noting that salary bills were missing due to lack of readiness by other staff but that petitioner no. 3 was willing to prepare and submit the bills, the Court directed the respondent to disburse the salary within one month of bill submission.

What did the court decide?

Petitioner no. 3 to submit salary bills for March 2012 onwards within 15 days; respondent no. 4 to pay salary within one month thereafter.

Shri Suresh Balu Rathod and Ors. Vs Gramudhar Vidya… — Service and Employment | Bombay HC (2013)

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2810wp931.13

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO. 931 OF 2013

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Suresh Bala Rathod VERSUS Gramudhar Vidya Prasarak Shikshan Sanstha & 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. A. Sambaray counsel for the petitioner. Shri A. Shelat counsel for the respondents 1 to 3. Smt Dangre Addl. GP for the respondents 4 to 6.

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CORAM : SMT. VASANTI A. NAIK AND A. S. CHANDURKAR, JJ. DATE : OCTOBER 28, 2013 .

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By this petition the petitioners seek a direction to the respondents no. 2 to 6 to disburse the arrears of salary of the petitioners from March 2012 on wards.

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It is submitted on behalf of the respondentManagement that there are only three Assistant Teachers in the school and all the three of them were not ready to take the temporary charge of the post of Head Master and prepare the salary bills of the petitioners. It is submitted that since no other person could have prepared the salary bills as only three Assistant Teachers are working in the school, the prayer made

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in the Writ Petition cannot be granted unless one of the petitioners take the responsibility of preparing and signing the

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salary bills of the petitioners and sending the same to the Project Officer.

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Shri Sambaray, the learned counsel for the petitioners submits on instructions that petitioner no. 3 is ready to take the responsibility of preparing and signing the salary bills of the three petitioners and sending them to the Project Officer.

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Since the salary of the petitioners was not paid in the absence of the preparation of the salary bills and since the petitioner no. 3 is ready to prepare the salary bills and send them to the respondent no.4-Project Officer, the Writ Petition could be disposed of with a direction to the respondent no. 4 to release the salary in accordance with law.

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Hence, the Writ Petition is disposed of with a direction to the respondent no.4 to pay the salary to the petitioners in accordance with law after the salary bills of the three petitioners are submitted to the respondent no.4 by the petitioner no.3. At this stage, Shri Sambaray, the learned counsel for the petitioners states that the petitioner no.3 would submit the salary bills for payment of salary to the petitioners from March 2012 onwards within a period of 15 days. After the salary bills are tendered, the respondent no.4 is directed to pay the salary to the petitioners in accordance

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with law within a period of one month there from.

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The Writ Petition is disposed of in the aforesaid

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terms with no order as to costs.

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JUDGE

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JUDGE

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svk

Shri Suresh Balu Rathod and Ors. v. Gramudhar Vidya Prasarak Shikshan Sanstha Thr. Its Sec. and Ors.

Case brief

What is this about?

What did the court decide?

Shri Suresh Balu Rathod and Ors. v. Gramudhar Vidya Prasarak Shikshan Sanstha Thr. Its Sec. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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