Mata Bodrai Devi Shikshan Sanstha ... vs The Education Officer (Sec), Zp, ...
2017 Latest Caselaw 1867 Bom

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                                                          wp4274.09.odt

   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR

                   Writ Petition No.4274 of 2009

  Mata Bodrai Devi Shikshan
  Sanstha Dhabe (Pauni),
  Taluka Arjuni Morgaon,
  District Gondia, throughout
  its President Shri Shyamlal
  Maniram Thawre,
  Aged about 50 years,
  Resident of Dhabe (Pauni),
  Taluka Arjuni Morgaon,
  District Gondia.                                 ... Petitioner

       Versus

  1. The Education Officer (Secondary),
     Zilla Parishad, Gondia.

  2. Mahadeo Pandurang Kopulwar,
     Aged about 63 years,
     Occupation - Nil, and
     Resident of Dhabe (Pauni), 
     Taluka Arjuni Morgaon,
     District Gondia.                              ... Respondents



  Shri   K.L.   Dharmadhikari,   Assistant   Government   Pleader   for 
  Respondent No.1.
  Shri A.D. Mohgaonkar, Advocate for Respondent No.2.


                Coram : R.K. Deshpande, J.

th Dated : 20 April, 2017

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Oral Judgment :

1. This petition challenges the judgment and order

dated 14-8-2009 passed in Appeal No.18 of 2007 by the School

Tribunal, Nagpur, in exercise of its jurisdiction under

Section 9(1)(a) of the Maharashtra Employees of Private Schools

(Conditions of Service) Regulations Act, 1977. The termination

of the respondent No.2-Mahadeo Pandurang Kopulwar by an

order dated 3-3-2009 has been set aside and the Management is

directed to pay full back wages and all pensionery benefits as per

the rules from the date of superannuation. The respondent No.2

attained the age of superannuation on 31-7-2008, i.e. during the

pendency of the appeal before the Tribunal.

2. The respondent No.2 was appointed as Assistant Teacher

in the year 1972. He was confirmed in employment on the said

post, and thereafter he was promoted to the post of Head Master

on 21-6-1990. After holding an enquiry, he was terminated from

service on 3-3-2007, which was the subject-matter of challenge

before the School Tribunal.

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3. On 20-9-2010, this Court passed a detailed order, which

is reproduced below :

" Heard learned counsel for the parties.

2] Civil Application No.423/2010 and Civil Application No.806/2010 are for joining the applicants as respondents in the present petition.

3] The applications are allowed. Necessary amendment be carried out within a period of two weeks.

4] The matter is heard by consent of the parties for admission. The petition challenges the judgment and order dated 14th August, 2009, passed by the School Tribunal, allowing the appeal filed by the respondent no.2/employee, by setting aside the order of termination dated 3rd March, 2007. The respondent no.2/employee is superannuated during the pendency of the appeal on 31.7.2008. The tribunal directed the payment of full back-wages from the date of termination till the date of his retirement. The further direction is also given that all pensionery benefits to the employee be released in accordance with Rules.

5] Shri Mohgaonkar, learned counsel appearing for respondent no.2 submits that the added respondents are in fact managing the school. The order of termination dated 3.3.2007, which was the subject matter of challenge in Appeal No.18/2007, was also issued by the one of the added respondent.

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6] The learned counsel appearing for the added respondents submits that the added respondents are in the management and have partially complied with the orders passed by the School Tribunal and they are taking steps to comply with the remaining part of the order.

7] The respondent no.2/employee is satisfied with the steps taken to comply the order passed by the School Tribunal, by the added respondents. Shri Mohagaonkar, points out that by an order dated 6.8.2010 issued by the Education Department of Zilla Parishad, the pension of the respondent no.2/employee has been finalized, although a provisional pension was given to the respondent no.2 on earlier occasion.

8] So far as back-wages are concerned, the added respondents are taking steps to submit the salary bills to the Education Officer for sanction. The dispute raised is about the management of the school. The added respondents are claiming that they are in the management of the school, whereas the petitioner is claiming to be in the management of the School through its President Shri Shyamlal Maniram Thawre. Shri Borkar submits that if contention of petitioner is accepted then respondent/employee would be out of job. Hence, Rule.

Learned counsel for the respondents waives service of notice.

9] So far as interim order is concerned, the respondent no.2 is satisfied with the steps taken for compliance by the added respondents. In view of this, there is no question of grant of interim relief, particularly in the background of controversy pointed out in earlier para. The interim relief is, therefore, rejected.

10] It is further made clear that the pendency of this

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petition shall not come in the way of the authorities concerned to release either the amount of back-wages or the amount of final pension and the same shall be subject to the result of the petition."

It is informed that the pension of the respondent No.2 has been

released, but without payment of back wages and fixation of

salary.

4. Shri Mohgaonkar, the learned counsel appearing for the

respondent No.2, has invited my attention to the decision of the

Division Bench of this Court in Writ Petition No.3682 of 2015,

delivered on 27-11-2015. The petition was decided by consent of

parties and hence the order being short, is reproduced below :

" Heard.

The writ petition is disposed of with the consent of the learned counsel for the parties, in the following terms :

1] An inspector or offer from the office of the Assistant Charity Commissioner, Gondia should be appointed as an Election Officer so that the elections to the management of the trust could be conducted within a time frame.

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2] That, the Assistant Charity Commissioner should appoint an inspector and/or officer from the office of the Assistant Charity Commissioner, Gondia as an Election Officer within a period of three weeks.

3] The Election Officer so appointed should conduct the elections to the management of the trust within a period of three months, by initiation of a fresh election programme, from the date of appointment of the Election Officer.

4] The body on Schedule-I should continue with the management of the trust till the elections are conducted.

5] No costs.

Steno copy of this order is granted to the learned Assistant Government Pleader on request."

5. In view of the aforesaid order, Shri Mohgaonkar submits

that the Management Committee was constituted as per the

report of the Assistant Charity Commissioner submitted on

29-3-2016 and the said Committee decided not to prosecute this

petition further and to grant all the benefits to the respondent

No.2 flowing from the judgment and order impugned in this

petition.

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6. The Committee of Management, which is on the record

of the Charity Commissioner, having taken a decision to comply

with the order passed by the School Tribunal, I do not find any

reason to permit the petitioner, who is not in the Management

now, to continue to prosecute this petition. The petition is,

therefore, dismissed on this ground. Rule stands discharged. No

order as to costs.

7. The respondent No.1-Education Officer is directed to

release the amount of back wages, if the bills are already

submitted; to fix the salary of the respondent No.2; and

thereafter to revise the pension, if any, in accordance with the

last pay drawn. This exercise be carried out within a period of

two months from the date of completion all the formalities by the

Management.

JUDGE.

Lanjewar