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september 2008

Supreme Court of India · 2008-09-05

Subash Gopalrao Lingawar vs Sadashiv Shiwaji Donadkar & Ors

Court
Supreme Court of India
Petitioner
Subash Gopalrao Lingawar
Respondent
Sadashiv Shiwaji Donadkar & Ors
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed the issue of suspension under the Maharashtra Employees of Private Schools Rules, 1981, specifically Rule 35, which mandates prior approval for suspension and outlines conditions for subsistence allowance. The Court held that the petitioner was to be treated as under suspension only from the date of the Court's order on 07/02/2007, not retrospectively from the date of termination of services. Consequently, the Court clarified that the subsistence allowance would be applicable from the date of the Court's order, affirming the procedural requirements for suspension without prior approval.

Subash Gopalrao Lingawar vs Sadashiv Shiwaji Donadkar & Ors · Niyam