Chairman @ Secretary Of Khandesh ... vs Yuvraj Bhanudas Kulkarni And Ors
2017 Latest Caselaw 1876 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD


                         WRIT PETITION NO. 185 OF 1998

        Shekar Suresh Shah,
        Age: 40 years, Occ. Service,
        R/o near Dagedi Door
        Amalner, Dist. Jalgaon.                     ...       Petitioner

                 Vs.

1.      Yuvraj Bhanudas Kulkarni,
        Age: 32 years, Occ. Service,
        R/o in front of New Court
        Nandadeep Chambers,
        Amalner, Dist. Jalgaon.

2.      President/Secretary,
        Khandesh Shikshan Mandal,
        Amalner, Dist. Jalgaon.

3.      Head Master
        Pratap High School,
        Amalner, Dist. Jalgaon.

4.      Deputy Director,
        Vocational Education,
        Nasik Division, Nasik.                      ...       Respondents


                                    with
                        WRIT PETITION NO. 5054 OF 2000

1.      The Chairman & Secretary of
        Khandesh Education Society,
        Amalner, Dist. Jalgaon

2.      The Head Master,
        Pratap High School,
        Amalner, Dist. Jalgaon.                     ...       Petitioners

                 Vs.

1.      Yuvraj Bhanudas Kulkarni,
        Age: 35 years, Occ. Service,
        R/o in front of New Court


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        Nandadeep Chambers,
        Amalner, Dist. Jalgaon.

2.      Shekhar s/o Suresh Shah,
        Age: 43 years, Occ. Service,
        R/o near Dagedi Door,
        Amalner, Dist. Jalgaon.

3.      Deputy Director of
        Vocational Education & Training,
        Nasik Region, Nasik.                             ...       Respondents


                                  ...
   Advocate for Petitioner : P.D. Bachate h/f. R.B. Raghuwanshi
                          in WP No. 185/98
                AGP for Respondents: N.T. Bhagat
Advocate for Respondents : P.D. Bachate for R/2 in WP No. 5054/00
Advocate for Respondents : I.A. Chandorikar h/f. P.R. Patil for R/2 &
                        3 in WP No. 185/98
         Advocate for Respondents : L.V. Sangit h/f. V.J.Dixit
                                  ...

                                            CORAM : P.R. BORA, J.

DATE : 20-04-2017.

ORAL JUDGMENT :

1. Both these petitions arise out of the order passed by the

School Tribunal, Nashik in Appeal No. 35 of 1995 on 14.10.1997.

Writ Petition No. 185 of 1998 is filed by Shri Shekhar Suresh Shah

who was respondent no. 4 in appeal before the School Tribunal,

whereas, Writ Petition No. 5054 of 2000 is filed by the Educational

Institution, which was respondent no.1 in the said appeal. Shri

Yuvraj Bhanudas Kulkarni had filed the aforesaid appeal. Said

Yuvraj Bhanudas Kulkarni is respondent no.1 in both the present

Writ Petitions. Petitioner in Writ Petition No. 185 of 1998 is

respondent no.2 in Writ Petition No. 5054 of 2000.

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2.               Shri Yuvraj Bhanudas Kulkarni       had filed the aforesaid

appeal before the School Tribunal challenging his demotion from the

post of 'Assistant Lecturer' to 'Wiring Instructor'. It was his

grievance that Shekhar Suresh Shah i.e. the petitioner in Writ

Petition No. 185 of 1998 was wrongly appointed on the post of

'Assistant Lecturer' superseding his claim on the said post. The

appeal so filed was resisted by the Educational Institution, as well

as, Shekhar Suresh Shah. The School Tribunal, however, partly

allowed the appeal and directed the school management to

forthwith appoint said Yuvraj Bhanudas Kulkarni on the post of

'Assistant Lecturer' and to give him the benefits of the said post

from the date of filing of the appeal. Shri Shekhar Suresh Shah and

the Educational Institution have filed the present petitions, taking

exception to the order passed by the School Tribunal.

3. In Writ Petition No. 185 of 1998, though, the petitioner

had prayed to stay the execution of the order passed by the School

Tribunal till decision of the petition, no such interim relief has been

granted by this Court, however, in Writ Petition No. 5054 of 2000

this Court has passed the following interim order:

1) Heard. Rule to be heard with Writ Petition No. 185 of 1998. Respondents waive service.

2) Shri Sapkal, learned A.G.P. seeks time to take instructions from the Deputy Director of Vocational Education & Training and more particularly the possibilities of absorbing both the lecturers in the post of Assistant Lecturer. Time granted. The Respondent No.3 to file an affidavit

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in reply explaining this position within a period of four weeks from today. Petition to be listed for final hearing on 29th March, 2001 at 2.15 p.m. Interim stay in terms of prayer clause (H) to continue until further orders. However, it is clarified that the petitioner management shall pay the salary of Respondent No.1 for the period he works and the Deputy Director of Vocational Education & Training, Nasik shall release the salary bills in respect of both the teachers till the petitions are finally decided.

4. When the matter was taken up for final disposal today

Shri Bachate, the learned counsel appearing for the petitioner in

Writ Petition No. 185 of 1998 and Shri L.V. Sangit, the learned

counsel appearing for the respondent no.1 in both the Writ Petitions

expressed their inability to state the present state of affairs,

whether their respective clients are still in the employment of the

Khandesh Education Society and whether they received the salary

for the period they worked with the institution. Both the learned

counsel however confirmed that they have no instructions from

their respective clients that the interim order passed by this Court

on 19.01.2001 has not been complied with. Had their been any

non-compliance of the said order both the Teacher's i.e. Shekhar

Suresh Shah and Yuvraj Bhanudas Kulkarni certainly have raised a

grievance in that regard. Not making of any such grievance by both

of them leads to only inference that the interim order passed by

this Court on 19.01.2001 has been complied with and both the

Teacher's are paid the amount of salary.

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5. The order of School Tribunal is challenged in both the

Writ Petitions on the ground that when Shekar Suresh Shah was

senior to Yuvraj Bhanudas Kulkarni and approval was received to

the appointment of Shekar Suresh Shah from the competent

authority on the post of 'Assistant Lecturer', the Tribunal should

have refrained from interfering with the said order. Perusal of the

judgment passed by the School Tribunal reveals that it had held

Yuvraj Bhanudas Kulkarni to be more qualified than Shekar Suresh

Shah and had consequently held said Yuvraj Bhanudas Kulkarni to

be entitled for the post of 'Assistant Lecturer'.

6. At the time when the order came to be passed by the

School Tribunal age of Yuvraj Bhanudas Kulkarni was 33 years,

whereas, age of Shekar Suresh Shah was 41 years. By way of

interim relief granted in Writ Petition No. 5054 of 2000, this Court

had stayed the order issued by the Deputy Director of Vocational

Education and Training, whereby, Educational Institution was

directed to pay the salary of 'Assistant Lecturer' to Yuvraj Bhanudas

Kulkarni from 07.08.1996 to 17.11.1999. However, the effect and

operation of the judgment and order passed by the School Tribunal

has not been stayed by this Court. In absence of any contrary

evidence and any complaint by said Yuvraj Kulkarni alleging non-

compliance of the order passed by the School-Tribunal, it has to be

presumed that the order passed by the School Tribunal directing the

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management to appoint Yuvraj Bhanudas Kulkarni on the post

'Assistant Lecturer' has been complied with.

7. As noted earlier vide the interim order dated

19.01.2001, this Court had directed the Director of Vocational

Education and Training, Nashik to release the salary bills in respect

of both the Teacher's i.e. Yuvraj Bhanudas Kulkarni, as well as,

Shekhar Suresh Shah, till the present petitions are finally decided.

The interim order was passed by this Court on 19.01.2001 after

hearing Writ Petition No. 5054 of 2000 with Writ Petition No. 185 of

1998. Since there is no grievance till date from Shekhar Suresh

Shah as about the non-compliance of the interim order passed by

this Court, it has to be further presumed that Shekhar Suresh Shah

also had received the salary amount. As noted herein-above

Shekhar Suresh Shah was aged about 41 in the year 1997, it is

evident that by this time he must have retired from services after

attaining the age of superannuation.

8. After having considered the facts as aforesaid, it does

not appear to me that there is any propriety now in entering into

the merits of the petitions. It appears to me that, both the Writ

Petitions can be disposed of by making the interim order passed in

Writ Petition No. 5054 of 2000 absolute, which would meet the ends

of justice. After long lapse of 19 years there is no propriety in

setting aside the order passed by the School Tribunal. Further, it is

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also not possible to direct the recovery of the salary amount paid to

Shekhar Suresh Shah in the intervening period under the directions

of this Court, even if the order passed by the School Tribunal is

confirmed. In the circumstances, as I mentioned earlier both the

present Writ Petitions can be disposed of by making the interim

order passed by this Court on 19.01.2001 absolute, which would

meet the eds of justice. Order accordingly.

(P.R. BORA) JUDGE

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