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TMI Blog2018 (6) TMI 1564X X X X Extracts X X X X X X X X Extracts X X X X ..... On 6th June, 2018, these matters were mentioned before us by the petitioners' advocate (petitioner Management-Sinhgad Technical Education Society) seeking extension of time to file an undertaking. The time was extended and the affidavit-cum-undertaking was filed on 8th June, 2018. 2. The affidavit-cum-undertaking is in terms of this court's order. Further, on a report by the Assistant Registrar, it is apparent that this court directed to deposit a sum of Rs. 1,12,71,14,523/- in the Registry. This is a cheque, which was drawn on the State Bank of India in favour of the Registrar, High Court, Appellate Side, Mumbai dated 22nd January, 2018 and by the office of the concerned Directorate. The Assistant Government Pleader appearing bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come to the institution, irrespective of the fact whether she/he undertakes the course, the management will be helpless to recover the fees from the students. Most importantly, this court noted in its earlier order that on account of the lapse on the part of the State Government in not remitting the amount of scholarship or free-ship of such reserved category students, at times, the institutions have faced financial crunch. They were not in a position to pay salaries of the staff. 5. For these reasons, this court entirely blamed the State Government for creating a chaotic situation. The State Government was told to find a solution to this problem and concerning not only the present institute, but other institutes as well. In terms of this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the "All India Council of Technical Education" requirement, as soon as the petitioner's receives amount from the Government, they shall first clear salaries of the staff of the said colleges. The petitioners shall file an undertaking through their authorized representatives in this Court that upon receipt of the amount from the State Government, they shall first disburse the amount towards pending salaries of their staff before clearing any other claims. The undertakings will be filed within a period of one week from today." 7. It is this paragraph, which, according to Mr. Sawant appearing for the petitioners, presents a difficulty. The counsel submits that there is an ongoing legal battle between the Management and the Department ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hese are delaying tactics and if they are allowed to be successfully employed, it may well happen that the Department of Income Tax will inform the Government of Maharashtra that this amount should not be disbursed and will attach the same. A communication to the effect that this amount should be credited to the account of the Income Tax Department alone and no payment or disbursement from that sum should be made. This would mean the writ petitioner, the Income Tax Department and the State Government collude and succeed in defeating the legitimate dues of the teachers. They are awaiting disbursement of their salaries for nearly 17 months. 9. After having heard both sides on this limited point, we find that it is not for this court to expre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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