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2019 Supreme(Bom) 623

S.C.DHARMADHIKARI, M.S.KARNIK
Yashwant Shikshan Prasarak Mandal – Appellant
Versus
Sadashiv Dnyandev Raktade – Respondent


Advocates Appeared:
Meelan Topkar, Adv., S.S. Panchpor, Adv., Amit Borkar, Adv., C.G. Gavnekar, Adv., A.C. Gavnekar, Adv., G.S. Hiranandani, Adv., S.D. Paithane, Adv., A.S. Raktade, Adv.

JUDGMENT :

M.S.Karnik, J.

Heard.

2. Rule. The respondents waive service. By consent, Rule made returnable forthwith and heard finally.

These Petitions involve common questions. The decision in Writ Petition No. 13855 of 2017 would cover the controversy in the connected Petition. For convenience, we deal with the facts in Writ Petition No. 13855 of 2017.

3. By this Petition filed under Article 226 of the Constitution of India, the petitioners challenge the communication dated 16/11/2016 directing the petitioners to implement the decision of the Grievance Committee to pay arrears of salary to the petitioners and consequent declaration that the petitioners are not liable to pay any arrears of salary to respondent No.1.

The facts of the case in brief are as under :

4. The Respondent No.1 was appointed as a Lecturer (Hindi) in the petitioner No.2 - College by an order dated 28/09/1994. The said appointment was temporary and for a period of one year. This temporary appointment was continued for one more year vide an order dated 15/06/1995. Respondent No.1 was appointed on probation for a period of one year by an order dated 18/06/1996 for the period from 20/06/1996 to 20/04/1997. The respondent

















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