65. WP 2079 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2079 OF 2022

Shri Sant Tukaram Maharaj Shikshan

Sanstha

...Petitioner

vs.

Vasant Kisanrao Ghare and Anr.

...Respondents

ALONGWITH

WRIT PETITION NO. 2161 OF 2022

Shri Sant Tukaram Maharaj Shikshan

Sanstha

...Petitioner

vs.

Smt. Rachna Ashokrao Sonawane and Anr.

...Respondents

*****

Mr. N. V. Bandiwadekar i/by Adv. B. S. Nayak - Advocate for the Petitioner

Adv. Rahul S. Kadam – Advocate for Respondent No. 1 in both WP

Mrs. P. N. Diwan - AGP for the Respondents-State in both WP

*****

CORAM :

S.V. GANGAPURWALA AND

S. M. MODAK, JJ.

DATE :

13^th JULY, 2022

P. C. :-

1.

The Respondent No. 2 though served, none appears for the

Respondent No. 2.

2.

It is submitted that the Respondent No. 1 in both the Writ Petitions

were initially terminated from the service. They filed an appeal before the

School Tribunal. The School Tribunal allowed the Appeal directed

Seema

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SEEMA

KSHITIJ

YELKAR

Digitally signed

by SEEMA

KSHITIJ

YELKAR

Date:

2022.07.20

11:04:22 +0530

65. WP 2079 of 2022.doc

reinstatement with continuity of the service and full back wages.

3.

The present Respondent No. 2 was Respondent No. 3 in the appeal

before the School Tribunal. The Order passed by the School Tribunal

against the Respondent Nos. 2 and 3 therein.

4.

Learned counsel for the Petitioner submits that salary bills are

submitted by the Petitioner, however the Respondent No. 2 is not

processing it. The learned counsel for the Petitioner further submits that

Respondent No. 1 during the period of termination and reinstatement, no

other teacher was appointed in their place.

5.

In light of the above, we pass following Order:-

(i) The Respondent No. 2 shall process the Salary bills

submitted by the Petitioner for payment of arrears of

salary. (back wages of Respondent No. 1).

(ii) The same shall be processed preferably within eight weeks

from today.

(iii) The Respondent No. 2 shall consider the judgment

delivered by the School Tribunal.

6.

Both Writ Petitions are accordingly disposed of. No costs.

[S. M. MODAK, J.]

[S.V. GANGAPURWALA,J.]

Seema

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