Bombay High Court
Smt. Champa Rajaram Bhosale vs Bal Sanskar Kendra Through President ... on 12 March, 2020
Author: Prithviraj K. Chavan
Bench: R. K. Deshpande, Prithviraj K. Chavan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4579 OF 2016
Smt. Champa Rajaram Bhosale. ..Petitioner.
Versus
Bal Sanskar Kendra and Others. ..Respondents.
Mr. I. M. Khairdi for the Petitioner.
Mr. Sharad T. Bhosale for Respondent No. 1.
Mr. Vikas Mali, AGP for Respondent Nos. 3 to 5.
Coram : R. K. DESHPANDE, &
PRITHVIRAJ K. CHAVAN, JJ.
Date : March 12, 2020.
P. C. :
1. By the order dated 15th July 2015, the Petitioner was promoted as head-mistress and transferred from Boroti to Lamboti in the ashram school. Earlier, she was working in the ashram school run by the Social Welfare Department, whereas on transfer, she was made to work in the ashram school run by the Integrated Tribal Development Department.
2. The transfer was objected to by the Tribal Development Department on the ground that the permission as required by Rule 16 of the Ashram School Code was not obtained.
Therefore, transfer was not approved. As a result, the Petitioner could not get salary from the month of October 2015. We do not Digitally signed by Sachin Sachin R. R. Patil Date:
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Patil 2020.03.20
13:30:52
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find any infirmity in the action taken by the Tribal Development Department. However, the Petitioner has already worked on the post from 15th July 2015 to 31st March 2017, when she attained the age of superannuation. The Petitioner, therefore, would be entitled to receive salary for this period from the management. In view of this, writ petition is allowed. The management is directed to pay arrears of salary to the Petitioner for the period 15th July 2015 to 31st March 2017 within a period of 12 weeks from today. Accordingly, pension papers of the Petitioner shall be submitted to the competent authority. [PRITHVIRAJ K. CHAVAN, J.] [R. K. DESHPANDE, J.] patilsr 2/ 2