In this disposed Notice of Motion, the Court held that the applicant could not claim salary arrears already covered by a disposed writ petition, dismissing the application as not maintainable.
Notice of Motion dismissed as the claim cannot be taken up in a disposed writ petition.
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.
nmw24.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.24 OF 2018 IN
WRIT PETITION NO.737 OF 2013
Amar Ramchandra Bhalerao
vs.
Education Inspector (West
Zone) and others
...Applicant
...Respondents
Mr.Makrand Bakore for the applicant
Mr.Kedar Dighe, AGP for the respondent-State
Mr.Ashish P. Pawar for respondent Nos.5 and 6.
CORAM : A.S.OKA, &
SANDEEP K. SHINDE,JJ.
DATE : DECEMBER 4, 2018
P.C.:
1This Notice of Motion is taken out by the writ
petitioner in a disposed of writ petition. Relevant
part of the Order dated 2nd February 2015 passed in
the Writ Petition reads thus:
“The petitioner would, however, be entitled
for the approval for a period of two years,
i.e from 29th April 2010 till 30th April 2012
and also the arrears of salary for the said
period.
Hence, for the reasons aforesaid, the
Writ Petition is partly allowed. The
respondents are directed to grant approval to
the appointment of the petitioner as a part-
2 nmw24.doc
time librarian from 29th April 2010 to 30th
April 2012 and also release the arrears of
salary for the said period within a period of
three months.”
2By this Notice of Motion, the applicant is
claiming salary for the period from 1st May 2012 till
8th June 2012. While disposing of the Writ Petition
filed by the applicant, the salary for this period
was not ordered to be paid. Therefore, in the
disposed of Writ Petition the applicant is dis-
entitled to claim such relief.
3The learned counsel for the applicant relies
upon the order dated 5th July 2017 passed by a
Division Bench in Perjury Petition filed by the
applicant. We have perused the said order. The
applicant has withdrawn the perjury petition with
liberty to file a Civil Application in disposed of
Writ Petition for claiming unpaid salary. This was
the voluntary act by the applicant. The order dated
5th July 2017 does not mean that the present
application was held to be maintainable.
4We, therefore, dismiss the Notice of Motion
only on the ground that the relief claim therein
cannot claimed in disposed of Writ Petition.
(SANDEEP K. SHINDE,J.)(A.S.OKA,J.)
2 issues framed by the court
Whether an applicant can file a Notice of Motion to claim salary arrears that were not addressed in a prior disposed writ petition.
Whether the applicant is entitled to relief in the present application when the claim could have been raised in the earlier disposed petition.
Amar Ramchandra Bhalerao
Education Inspector (West Zone)
A.S. Oka
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court