Advocates:
['KAZI S S', 'COPY NOT SERVED ON GP', '', 'NO CAVEAT', 'AGP', 'R NO SERVED', 'ADV AJAY S DESHPANDE']

(1)

976-wp-6605-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

976 WRIT PETITION NO.6605 OF 2020

ANJUMAN ISHAAT-E-TALEEM TRUST AURANGABAD THR ITS

SECRETARY

..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS

…

Mr. S. S. Kazi, Advocate for the Petitioner.

Mr. A. R. Kale, AGP for Respondents-State.

Mr. A. S. Deshpande, Advocate for Respondent No.3.

…

CORAM : S. V. GANGAPURWALA &

SHRIKANT D. KULKARNI, JJ.

DATED : 12^th JANUARY, 2021.

PER COURT:-

1.

We can understand the predicament of the

petitioner herein. However, proceeding regarding

reimbursement of the subsistence allowance has to

be in tune with the order dated 13.09.2019 passed

by the learned Single Judge in Writ Petition

No.1699/2019.

2.

Paragraph 3 and 4 of the order dated

13.09.2019 reads thus:

3.The Education Officer shall proceed to clear

the bills submitted by the management if

they are in order and any payment of the

amount to the petitioner in pursuance to the

clearance of the subsistence allowance

bills, would be then returned to the

management by the petitioner, forthwith.

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976-wp-6605-2020

4.Since the suspension is pursuant to the

order of the School Tribunal dated

20.11.2018, there shall be no impediment for

the Education Officer to clear the bills on

the ground that his prior permission was not

required.

3.

It is contended by Mr. Kazi, learned

counsel that as petitioner is already paid the

amount of subsistence allowance to respondent

no.3 herein under bankers cheque, the petitioner

would be entitled to receive the amount from the

Education Officer directly. It is not necessary

to credit the amount in the account of the

respondent no.2.

4.

As the payment of subsistence allowance

and the clearance of the bills is pursuant to the

order of the learned Single Judge as reproduced

above, it would be appropriate if the present

petitioner approaches the learned Single Judge

for clarification / modification of the order.

5.

With the aforesaid observations, writ

petition is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA)

JUDGE

JUDGE

Devendra/January-2021