LAWS(BOM)-2001-10-71

SANJAY IRAPPA BANSODE Vs. STATE OF MAHARASHTRA

Decided On October 04, 2001
SANJAY IRAPPA BANSODE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE Petitioner is an employee of respondent No. 5. Respondent No. 2 is the education Officer, Zilla Parishad, Solapur. Respondent No. 3 is the Joint Charity commissioner, Pune. Respondent No. 4 is the assistant Charity Commissioner, Pune and respondent No. 5 is the Secretary of Dr. Ambedkar Memorial Smarak Nidhi, Solapur, (hereinafter referred to as the "institution" ). Respondent No. 6 is the Head Master of the institution.

(2.) THE petitioner seeks a writ of mandamus, directing Respondent No. 2 forthwith pass and pay the Petitioner's pay bill for the period June 13, 1984 to August 17, 1988 submitted by Respondent No. 5 and a writ of mandamus, directing Respondent No. 4 to communicate his consent in writing in the capacity of Administrator of the Institution to respondent No. 2 to deduct the said amount of back wages from non-pay grant payable to respondent No. 5 Institution.

(3.) THE Petitioner's father was employed as a peon in this Respondent No. 5's educational institution. The Petitioner's father expired while in service. A permanent vacancy created thereby was filled by the Institution by appointing the Petitioner as a peon on August 3, 1983. The Petitioner's service was covered by the Maharashtra Employees of Private schools (Conditions of Service) Regulations act, 1977 and the Rules and Regulations framed thereunder.