Bombay High Court
Raju Bhimabhau Panmand vs State Of Mah & Ors on 25 August, 2016
Bench: S.V. Gangapurwala
1
UNREPORTED
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.433 OF 2005.
Raju S/o Bhimbhau Panmand,
Age 30 years, Occ.Service,
R/o Pimpri Jalsen, Tq. Parner,
Dist.Ahmednagar.ig ... Petitioner.
Versus
1.The State of Maharashtra,
through Secretary,
Education Department,
Mantralaya, Mumbai.
2.The Director of Education,
(Secondary), Central Building
Pune-1.
3. The Education Officer,
(Secondary), Z.P.Ahmednagar.
4. The Dy.Director of
Education (Secondary)
Pune Region,Central Building,
Pune-1.
5.The Hindwai Shikshan
Sanstha, Nighoj, Tq. Parner,
District Ahmednagar, through
its Secretary, Shri Shivaji
S/o Ganpat Waral, Age
44 years, Occ.Business,
R/o Nighoj, Tq. Parner,
Dist.Ahmednagar.
6. The Hidwi Shikshan Sanstha,
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Nighoj, Tq. Parner, Dist.
Ahmednagar, through its
President Prabhakar S/o
Narayan Kawad, Aged 56 years,
Occ.Business, R/o Nighoj,
Tq.Parner, Dist.Ahmednagar,
At present R/o Third Pasta
Line, Shahid Bhagatsingh Road,
Kolaba, Gulshan Building,
Kolaba, Mumbai-5.
(Respondent No.6 is deleted
as per order dt.5.7.2005.).
7. Malganga Vidyalay Nighoj,
Tq. Parner, Dist.Ahmednagar,
through its Head Master. ... Respondents.
ig ...
WITH
C.A.NO.11417 OF 2008
WITH
WRIT PETITION NO.436 OF 2005
Laxman S/o Pandurang Pathare,
Age 30 years, Occ.Service,
R/o Patharwadi (Nighoj),
Tq. Parner, Dist.Ahmednagar. ... Petitioner.
Versus
1.The State of Maharashtra,
through Secretary,
Education Department,
Mantralaya, Mumbai.
2.The Director of Education,
(Secondary), Central Building
Pune-1.
3. The Education Officer,
(Secondary), Z.P.Ahmednagar.
4. The Dy.Director of
Education (Secondary)
Pune Region,Central Building,
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Pune-1.
5.The Hindwai Shikshan
Sanstha, Nighoj, Tq. Parner,
District Ahmednagar, through
its Secretary, Shri Shivaji
S/o Ganpat Waral, Age
44 years, Occ.Business,
R/o Nighoj, Tq. Parner,
Dist.Ahmednagar.
6. The Hidwi Shikshan Sanstha,
Nighoj, Tq. Parner, Dist.
Ahmednagar, through its
President Prabhakar S/o
Narayan Kawad, Aged 56 years,
Occ.Business, R/o Nighoj,
Tq.Parner, Dist.Ahmednagar,
At present R/o Third Pasta
Line, Shahid Bhagatsingh Road,
Kolaba, Gulshan Building,
Kolaba, Mumbai-5.
(Respondent No.6 is deleted
as per order dt.5.7.2005.).
7. Malganga Vidyalay Nighoj,
Tq. Parner, Dist.Ahmednagar,
through its Head Master. ... Respondents.
...
WITH
C.A.NO.11433 OF 2008.
WITH
WRIT PETITION NO. 2398 OF 2005
Ramdas S/o Govind Tikone,
Age 31 years, Occ.Service,
R/o Vesdare, Post Khanur
Pathar, Tq.Parner,
Dist.Ahmednagar. ... Petitioner.
Versus
1.The State of Maharashtra,
through Secretary,
Education Department,
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Mantralaya, Mumbai.
2.The Director of Education,
(Secondary), Central Building
Pune-1.
3. The Education Officer,
(Secondary), Z.P.Ahmednagar.
4. The Dy.Director of
Education (Secondary)
Pune Region,Central Building,
Pune-1.
5.The Hindwai Shikshan
Sanstha, Nighoj, Tq. Parner,
District Ahmednagar, through
its Secretary, Shri Shivaji
S/o Ganpat Waral, Age
44 years, Occ.Business,
R/o Nighoj, Tq. Parner,
Dist.Ahmednagar.
6. The Hidwi Shikshan Sanstha,
Nighoj, Tq. Parner, Dist.
Ahmednagar, through its
President Prabhakar S/o
Narayan Kawad, Aged 56 years,
Occ.Business, R/o Nighoj,
Tq.Parner, Dist.Ahmednagar,
At present R/o Third Pasta
Line, Shahid Bhagatsingh Road,
Kolaba, Gulshan Building,
Kolaba, Mumbai-5.
(Respondent No.6 is deleted
as per order dt.5.7.2005.).
7. Malganga Vidyalay Nighoj,
Tq. Parner, Dist.Ahmednagar,
through its Head Master. ... Respondents.
...
Mr.N.L.Jadhav, advocate for the petitioners.
Mrs.M.A.Deshpande, A.G.P. for the State.
Mr.V.D.Hon, Senior advocate for Respondent No.5.
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...
CORAM : S.V.GANGAPURWALA AND
K.L.WADANE,JJ.
Date : 25.08.2016.
ORAL JUDGMENT (Per S.V.Gangapurwala,J.)
1. Heard.
2. All these Writ Petitions are filed
claiming arrears of salary. Mr.Jadhav, learned
counsel for the petitioners states that
petitioners were appointed by the Respondent
institution in the year 1999. They were working
up to 2004 but not a single farthing is paid to
the petitioners. According to the learned
counsel, though the Respondent School started
receiving 20% grant in the year 2004-05, still,
even if the School is unaided, the institution is
not absolved from its duty to pay the salary to
its employees. The petitioners are appointed
after following due procedure. The Respondents
be directed to pay the salary to the petitioners
since June, 1999 till the date of filing of the
petition.
3. Mr.Hon, learned Senior advocate for the
Respondent institution submits that the
petitioners were never appointed by following due
procedure of law on regular basis. The
petitioners themselves had approached the
institution and requested that for the purpose of
experience, they may be allowed to teach without
any remuneration. According to the learned
Senior advocate, the petitioners can not claim
any salary as of right inasmuch as the petitioner
had offered to teach on their own accord. The
Respondent-Management was granted permission on
grant-in-aid basis for running 8th to 10th standard
from academic year 2000. According to the
learned Senior advocate, even as per staffing
pattern, the petitioners were not on sanctioned
posts. The said posts are to be filled in as per
roster by appointing duly qualified teachers. The
petitioners were never given any appointment
orders and they have only gained experience for
which the Headmaster has issued the certificate
for enabling them to take employment. The
petitioners can not be permitted to take undue
advantage of the said letter.
4. Learned A.G.P. states that the
Management has not made available the Muster
roll. The learned A.G.P. further states that
appointment orders were never issued from 1997-
2000 to any employee. The inquiry was conducted
in this regard.
5. We have considered the submissions.
6.
The fact is that when the petitioners
were appointed and were working, the Respondent
institution was not getting grant-in-aid,
however, that does not absolve the Respondent
institution from its liability to pay salary to
its employees. The affidavit filed by the Deputy
Education Officer states that Respondent-
institution has not made available the Muster
roll nor it had issued appointment orders to any
of its employees. Even the affidavit filed by
the institution makes it crystal clear that the
petitioners were rendering services. Their only
plea is that these petitioners were not issued
any appointment orders and on their own accord,
the petitioners had shown their willingness to
perform the duties. The said stand now can not
be accepted. It would be too late in the day to
contend the same. Even the certificate is issued
by the Headmaster.
7. This Court has directed the Respondent
institution to deposit the amount to the extent
of 50% of the arrears. The same is deposited by
the Respondent-institution in this Court. Without
entering into the dispute about the quantum of
the amount which the petitioners would be
entitled to and also considering the time lag and
the fact that at the relevant time, the said
School was not grant-in-aid, we dispose of these
petitions allowing the petitioners to withdraw
the amount deposited by the Respondent-
institution as payment of arrears of salary in
toto.
8. In the result, it is held that the
petitioners are entitled for the arrears of
salary for the period for which they had worked
with the Respondent-institution. The amount
deposited by the Respondent-institution pursuant
to the orders of this Court are allowed to be
withdrawn by the petitioners along with accrued
interest, if any and the same shall be towards
full and final payment of their arrears of their
salary for having worked with the Respondent-
institution.
9. Rule accordingly made absolute in above
terms. No costs.
10. In view of disposal of Writ petitions,
the Civil Applications also stand disposed of.
Sd/- Sd/-
(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.)
asp/office/wp433.05
