NARSING S/O SHANKARRAO SHIVSHETTE Vs. SECRETARY, BHARAT LIBERAL EDUCATION SOCIETY AT UDGIR TALUKA UDGIR DISTRICT LATUR
LAWS(BOM)-2017-8-295
HIGH COURT OF BOMBAY
Decided on August 28,2017

Narsing S/O Shankarrao Shivshette Appellant
VERSUS
Secretary, Bharat Liberal Education Society At Udgir Taluka Udgir District Latur Respondents

JUDGEMENT

- (1.) By this petition filed under Article 226 of the Constitution of India, the petitioner seeks Writ of Mandamus with a prayer of issuing direction to pay the salary to the petitioner for suspended period from 13th April 2002 to 8th April 2003 with continuity in service and other consequential benefits within one month.
(2.) Some of the relevant facts for deciding this Writ Petition are as under: The petitioner was appointed as an Assistant Secondary Teacher in pay scale of Rs. 1400/ to 2600 in respondent No.2 school and joined duties on 6th March 1997. The petitioner was suspended from his services in view of the Crime No. 23/2002 registered against him under sections 306, 498A read with Section 34 of the Indian Penal Code. He was arrested on 13th April 2002. It is the case of the petitioner that the learned Additional Sessions Judge, Udgir, by the judgment and order dated 31st March 2003 acquitted the petitioner honourably in Sessions Case No. 27 of 2002. The petitioner was thereafter allowed to join duty on 9th April 2003 by the management. It is case of the petitioner that neither the management nor the Government has paid his salary for his suspension period from 13th April 2002 to 9th April 2003 i.e. for a period of 11 months 25 days.
(3.) On 12th August 2002 petitioner had applied to respondent No.2 for paying subsistence allowance to the petitioner. The petitioner thereafter made various representations to the management to pay salary during the suspension period. The respondents, however, did not pay either salary or the subsistence allowance for the period during 13th April 2002 to 8th April 2003.;


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