Bombay High CourtAshok S/O. Vasantrao Aradhye vs The State Of Maharashtra & Others on 6 August, 1998Equivalent citations: 1999(4)BOMCR196Author:R.J. KocharBench:R.J. KocharORDER
 

 A.D. Mane, J.1. Shri R.M. Borde, learned Advocate for the petitioner submits that as per the directions given by this Court, the petitioner has tried to join at Beed but since an incumbent had already resumed duty at Beed he was directed to join at Udgir but he is not paid salary so far. Shri Dixit, learned Counsel for the respondent No. 2 submits that a proposal for grant of salary is submitted to the Education Officer and same is pending. It is, however, pointed out by Shri Borde that although approval was granted from 12-3-1998 salary for the intervening period from 15-6-1997 to 11-3-1998 is not paid to the petitioner. It is evident that there was no fault of the petitioner to join at place of posting when someone was already posted by the management. Therefore, the intervening period i.e. actual posting of the petitioner and his joining to the transferred place must be treated as on duty.2. We, therefore, direct the respondent No, 2 to submit a fresh proposal to the Education Officer for his consideration in the light of our observations. The petition is disposed of accordingly. CC is disposed of. There shall be no order as to costs.