Shishu Vikas Education Society, ... vs Education Officer (Secondary), ...
2017 Latest Caselaw 1586 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  

                           NAGPUR BENCH, NAGPUR.


 WRIT PETITION NO. 2264 OF 2016


 Shishu Vikas Education Society, 
 through its Secretary and Chief 
 Executive Officer Shri Chandrakant
 Devnath Gohane, 11/18 (Akikar),
 Chitnis Nagar Layout, Bairamji Town,
 Nagpur.                                                          ....       PETITIONER


                     VERSUS


 1) Education Officer (Secondary),
     Zilla Parishad, Nagpur. 

 2) Sunil s/o Tulsiram Gire, 
     C/o Shishu Vikas Madhyamik
     Vidyalaya, Killa Road, Mahal, 
     Nagpur.                                                      ....       RESPONDENTS

 ______________________________________________________________

                Shri A.S. Kilor, Advocate for the petitioner, 
              Ms. S.Z. Haider, A.G.P. for the respondent No.1,
    Shri B.G. Kulkarni, Advocate with Shri V.N. Patre, Advocate for the
                              respondent No.2.
  ______________________________________________________________

                               CORAM : Z.A. HAQ, J.

DATED : 10 APRIL, 2017.

th

ORAL JUDGMENT :

Heard Shri A.S. Kilor, Advocate for the petitioner, Ms.

S.Z. Haider, Assistant Government Pleader for the respondent No.1

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and Shri B.G. Kulkarni, Advocate for the respondent No.2.

2. Rule. Rule made returnable forthwith.

3. The learned Advocates for the respective parties and the

learned Assistant Government Pleader appearing for the Education

Officer state that the same points were raised by the Management in

Writ Petition No.3729/2016 (Shishu Vikas Education Society and

another V/s. Prabhakar Gulabrao Alone and others) and Writ Petition

No.4119/2016 (Shishu Vikas Education Society and another V/s. Ku.

Vidya Dudhram Ghodke and others) in which the orders passed by the

School Tribunal in case of other employees were challenged. It is

submitted that this Court accepted the submission made on behalf of

the Management, set aside the orders passed by the Tribunal and

remanded the matters to the School Tribunal for fresh decision. The

learned Advocates for the Management and the employee submitted

that similar order may be passed in this writ petition.

Hence, the following order :

(i) The order passed by the School Tribunal in Appeal No. STN-83/2012 on 30-01-2016 is set aside.

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                    (ii)     The matter is remanded to the School  Tribunal, Nagpur
                             for fresh decision. 
                    (iii)    The petitioner and the respondent/employee shall appear

before the School Tribunal, Nagpur on 15-04-2017 at 11-00 a.m. and abide by further orders/instructions in the matter.

(iv) The representative of Eduction Officer (Secondary), Zilla Parishad, Nagpur shall also appear before the School Tribunal, Nagpur on the same date.

(v) The School Tribunal shall dispose the appeal till 29-09-2017.

The writ petition is allowed in the above terms. In the

circumstances, the parties to bear their own costs.

JUDGE

adgokar