1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 271 OF 2007 Ashutosh Nandkishor Ranade .......Petitioner. versus The State of Maharashtra & ors....... Respondents. Mr. S.D. Rayrikar for the Petitioner Mr. C.R. Sonawane AGP for the Respondents 1 to 2. Mr. V. D. Borwankar for respondents 3 and 4. CORAM; A.P. DESHPANDE, J. DATED; 22ND AUGUST, 2008. P.C.: 1. Heard the learned counsel for the respective parties. This Contempt Petition has been filed by the petitioner who at the relevant point of time was employed as an Assistant teacher in a school administered and managed by Decan Education So city. While in service the petitioner met with an accident and thus was incapacitated from attending the duties from February 2004 to June 2005. During the said period for which the petitioner was on medical leave, he had undergone medical treatment at Jahagir hospital, Pune. According to the Petitioner, he had submitted two medical bills, one in the sum of Rs. 1,61,177/- whereas the other in the sum of Rs. 3552/-. The second bill in 2 the sum of Rs. 3552/- has been sanctioned and the petitioner has received the said sum. However, the bill for Rs. 1,61,177/- is still pending. The reason for failure to pay the amount appears to be the loss of the original medical bills and papers. 2. The Division Bench of this Court, by an order passed on 17-4-2007 passed in W.P.No.7931/06 had directed the school management to forward the medical bills so also the salary bills to the education department within the stipulated period. The Division Bench also recorded a statement made by the learned AGP on behalf of the State that on receipt of the petitioner's bills the same shall be scrutinised by the department and will be dealt with in accordance with the law. The grievance made in the present Contempt Petition is the alleged non-compliance of the order dated 17-4-2007 passed in writ Petition No.7931/06. It is seen from the record that the grievance of the petitioner in regard to the payment of the salary bills has been redressed and one of the medical bills has also passed. However, the bill for the sum of Rs. 1,61,177/- has not been finally redressed. In the first instant, on scrutiny of the bills, certain objections were raised and the same were referred back to the petitioner seeking removal of the said objections. Record reveals that the petitioner did remove the objections. By submitting the affidavit of the petitioner and his wife. It is no doubt a common ground that the medical bill claimed by the petitioner in the sum of Rs. 1,61,177/-, 3 has not been sanctioned on account of loss of the original medical bills and the papers supporting the same. In this fact situation the learned counsel for the petitioner has submitted that he can obtain duplicate medical bills from Jahagir Nursing Home. Pune where the petitioner had taken medical treatment and he would be in a position to submit the same and the relevant papers to the State Government through the Education Officer. The learned counsel appearing for the State submits that the State has no objection, on instructions from the Education Officer Mr. Prakash Parab, Secretary, Zilla Parishad, Pune, of this course being followed. The counsel for School Management as well has no objection in case the petitioner is permitted to submit duplicate medical bills and papers in view of the loss of original papers. In view of the concession made available by the learned counsel for the parties, I direct the petitioner to submit duplicate medical bills and papers touching his claim based on medical bill in the sum of Rs. 1,61,177/- within a period of four weeks from today to the State Government through the Education Officer, Zilla Parishad, Pune. 2. The second grievance of the petitioner pertains to non consideration of his claim for special medical leave for the period indicated hereinabove, while he was undergoing medical treatment. It is undisputed and is conceded by all the counsel, that the authority to consider the claim for special medical leave 4 is the School Committee, the composition of which is laid down in Schedule `A' of MEPS Rules. The petitioner shall make a representation for claiming special medical leave to the School Committee within a period of one week from today and the School Committee shall take the decision in accordance with the law on the said representation touching the claim for special medical leave within a period of one month from the date of receipt of representation and forward the same to the State Government and State Government shall take the decision on the same within two months thereafter. The School Committee shall communicate the decision to the Petitioner and forward the same for necessary action to the Education Officer, Zilla Parishad, Pune. 5. In view of the issue of these directions, the learned counsel for the petitioner does not press the Contempt petition, hence no further action need to be taken. In the result Contempt Petition is disposed of. (A.P. DESHPANDE, J)