The petitioner, a former librarian, claimed non-payment of salary and sought reinstatement; the trust denied formal appointment for the specific school role. The High Court Found factual disputes and monetary claims beyond jurisdiction, disposing of the petition without deciding on merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO. 2977 OF 2013
| Sudarshan Uttam Narkhade | ... | Petitioner |
|---|---|---|
| V/s. | ||
| The State of Maharashtra & others | ... | Respondents |
Mr. A.M. Joshi for the petitioner.
Mr. Vishal Thadani, AGP for respondents 1 and 2. Mr. S.S. Shah for respondent no.3.
CORAM : NARESH H. PATIL AND B.P. COLABAWALLA, JJ .
16th September, 2014.
P.C.
The petitioner claims that he was appointed as a Librarian in the year 1985 since then he is working in the School run by the trust. In the year 2009 it is alleged that one Mahavir Lade was appointed. The petitioner was restrained from discharging his duties as a Librarian. Inspite of approval granted it is submitted that petitioner was not paid salary, therefore, the petitioner has approached this Court raising all these issues.
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The post is available. So the petitioner can be considered and allowed to resume duties as librarian. It is further submitted that in view of approval granted earlier by the Education Officer, the respondent-trust shall disburse arrears of salary in favour of the petitioner.
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stands disposed of.
(B.P. COLABAWALLA, J.) (NARESH H. PATIL, J.)
L.S. Panjwani, P.S.
2 issues framed by the court
Whether the petitioner is entitled to salary arrears and reinstatement as a librarian after an uncharged court.
Whether the Writ Court can examine factual disputes and monetary claims regarding employment appointment.
Sudarshan Uttam Narkhade
The State of Maharashtra
NARESH H. PATIL
B.P. COLABAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
