1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CAW NO.1034 OF 2009 IN WRIT PETITION NO.5109 OF 2008 (D) Vidarbha Shikshan Prasarak Mantal and others. .vs. Ku.Pushpa Udebhanji Gadgade and ors. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's orders. Order. -------------------------------------------------------------------------------------------------------------------------- Mr.Khan, Adv. for respondent no.1. Mr.Dhote, AGP for respondent no.2. Coram: C.L.PANGARKAR,J. Dated : 11th JUNE, 2009. Heard. By order date 27/2/2009, this writ petition came to be disposed of and fresh enquiry is directed by the court. Rspondent no.1 is under suspension. The learned counsel for respondent no.1 submits that she has moved an application for grant of subsistence allowance to the Management as well as the Education Officer but the subsistence allowance is not being paid 2 on the ground that the order of this court is silent in that regard There is no question of this court passing any order in that matter and in that regard. When respondent no.1 is put under suspension, it is the duty of the Management and the Education Officer to see under Rule 34 that the person put under suspension is paid subsistence allowance. The statement of the Education Officer that the order is silent and therefore he cannot do anything is nothing but shirking of his own responsibility and duty. This unnecessarily increases the burden on the court and the court is required to pass order. In the circumstances, the Education Officer as well as President of the Institution – Vidarbha Shikshan Prasarak Mandal should appear before this court in person. The Management and the Education Officer are directed to take decision on the application for grant of subsistence allowance by next date. S.O.25/6/2009. JUDGE. chute 3