High CourtsDIVISON BENCH(2017) 06 BOM CK 0061

Smt. Manjusha Umesh Ghodele vs Gram Vikas Mandal, Karanja (Ghadge), & Ors.

Bombay High Court · Decided on 28 June 2017

HON’BLE JUDGES
R. K. Deshpande, Swapna Joshi
RESULT
Dismissed
CASE NUMBER
763 of 2002

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Judgment

2 paragraphs · 228 words
1.

This petition seeks direction to the respondents to pay the salary to the petitioner on the post of Assistant Teacher from the date of appointment i.e. 24.07.2000 till the filing of the petition on 21.01.2002. The appointment was in the Ashram School in respect of which there is no dispute. However, after going through the averments made in the petition and the reply filed by the Special District Social Welfare Officer, it seems that the appointment of the petitioner was not regular appointment, but was on the honorarium of Rs.2,500/per month. The appointment was restricted for the year 1999-2000 and in the year 2000-01, the petitioner refused to accept the honorarium with unreasonable demand. The petitioner has not produced even the order of appointment to find out as to the nature of the appointment or salary payable to her. According to the petitioner, no such order of appointment was issued. The approval to the appointment of the petitioner was also not granted. The petitioner is out of employment since 12.01.2002.

2.

In such a situation, various disputed questions of fact are involved and it is, therefore, not possible for us to issue mandamus to the respondents to pay the salary to the petitioner in the scale of pay available to the post of Assistant Teacher. The petition is dismissed. Rule is discharged. No order as to costs.