ANSARI NASERAMOHD AYYUB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent Rule is made returnable forthwith. Heard parties.

(2.) Petitioners have been employed in the primary section of the school i.e. Moti Primary School Malegaon which is being conducted by Respondent No.4 Society. The said school is a recognised school and is also an aided school. The petitioners are working as Assistant Teachers in the said school on permanent basis. The school has been receiving hundred percent aid from 1995 onwards. From 1995 onwards Respondent No.3, the Administrative Officer of Malegaon School Board has extended the salary grant to cover the salaries of all the petitioners in respect of the divisions in which they are teaching. By a letter dated 20th July 1996 addressed by Respondent No.3 to the Head Master of the School, it is stated that the grant is payable to the teachers from June 1995 onwards. On 22nd July 1996, the Education Department addressed another letter providing for funds which would cover the entire salary of the petitioners from June 1995. The petitioners, however, have not been paid their salaries inspite of repeated representations to the Department for release of the grant. Hence the present petition.

(3.) Shri Rane, learned Addl.Govt. Pleader has produced for our perusal, a communication dated 28th September 1995, addressed by Respondent No.3 to the Education Officer who is an officer of the 2nd Respondent, Deputy Director of Education, stating that the bills in respect of the salaries of the petitioners and also other teachers have been duly submitted and the same have been forwarded for release of the fund. In view of this, we direct Respondent No.2 to release the necessary grant which would cover the salaries of the petitioners within a period of two weeks from today. Respondent No.4, in turn, would disburse the salary to the petitioners immediately after receiving the same from Respondent No.2. Rule is made absolute in the aforestated terms. No order as to costs.