Mrs.Kamal Jaganath ... vs The Rayat Shikshan Sanstha & Anr
2017 Latest Caselaw 4429 Bom

                                                      wps 4321-01 & 5421-01.doc

DDR

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                            WRIT PETITION NO.4321 OF 2001


       1. Rayat Shikshan Sanstha
       having it's registered office
       at Satara, through it's Secretary,
       Dr. Shri Prataprao Nanasaheb Mane.


       2. The Head-Master
       Karmaveer Bhourao Patil Vidyalay,
       Bhuinj, At & Post Bhuinj,
       Taluka : Wai, District : Satara.                   ...Petitioners


                             VERSUS


       1. Smt. Kamal Jagannath Chimangaonkar
       Aged : Adult,
       residing at "Hari Niwas", 221-A, 
       Guruwar Peth, Satara City - 415 002.


       2. Education Officer (Secondary)
       Zilla Parishad, Satara 
       having its office at Zilla Parishad
       Building, at Satara.


       3. Deputy Director of Education
       Kolhapur Division, Kolhapur,
       having its office at Kolhapur.


                                                                                   1/9



      ::: Uploaded on - 13/07/2017                ::: Downloaded on - 15/07/2017 00:37:34 :::
                                                     wps 4321-01 & 5421-01.doc

 4. The Learned Presiding Officer,
 School Tribunal, Kolhapur Division,
 at Kolhapur.


 5. The State of Maharashtra
 (Notice of this petition in
 respect of respondent nos.3 to 5
 to be served on the Additional
 Government Pleader (Writ Cell),
 Appellate Side, High Court,
 Bombay.                                                ...Respondents.


                                   ALONG WITH

                      WRIT PETITION NO.5421 OF 2001


 Mrs. Kamal Jagannath Chimangaonkar
 Age : 55 years, Occ. : Service,
 residing at "Hari Niwas", 221-A, 
 Guruwar Peth, Satara City - 415 002.                   ...Petitioner
                                                        (Ori. Appellant)

                          VERSUS

 1. The Rayat Shikshan Sanstha,
 having its registered office at :
 Satara, through its Secretary,
 D.P.N. Mane.


 2. The Head Master,
 Karmaveer Baurao Mahavidyalaya
 At : Bhuinj, Tal. Wai, Dist. Satara.                   ...Respondents
                                                        (Ori. Deft.)


                                                                                 2/9



::: Uploaded on - 13/07/2017                    ::: Downloaded on - 15/07/2017 00:37:34 :::
                                                            wps 4321-01 & 5421-01.doc

 Ms. Devyani Kulkarni, Advocate appointed by Court for 
 Petitioner-in-person.
 Petitioner-in-person in W.P.No.5421/2001 and Respondent-in-
 person in W.P.No.4321/2001- Mrs. Kamal J. Chimangaonkar is 
 present.


                                   CORAM                         : A.A.SAYED AND
                                                                    M.S.KARNIK, JJ.

RESERVED ON : 6th JULY 2017

PRONOUNCED ON : 13th JULY 2017

ORDER (PER M.S. KARNIK, J.) :-

The petitioner in Writ Petition No.4321/2001 is an

Educational Institution in which the respondent no.1 was

working as an Assistant Teacher. For the convenience the

petitioner in Writ Petition No.4321/2001 is referred to as the

Management and respondent no.1 is referred to as the Assistant

Teacher. The Assistant Teacher has also filed Writ Petition

No.5421/2001 challenging the order of the School Tribunal. The

School Tribunal by the impugned order granted reinstatement to

the Assistant Teacher with full backwages from 1/10/1994 upto

30/8/1997 and at the rate of 25% backwages from 1/9/1997

till her reinstatement. The impugned judgment and order of the

wps 4321-01 & 5421-01.doc

Tribunal is dated 23rd April, 2001. The Management as well as

Assistant Teacher both have challenged the order of the School

Tribunal by these Petitions.

2. Pursuant to the admission of these petitions the

Assistant Teacher came to be reinstated and the Management

paid over to the Assistant Teacher the back-wages as directed by

the School Tribunal and as directed by this Court pending

decision of these Petitions. The Assistant Teacher has since

retired from services.

3. The Management appointed the Assistant Teacher in

1974 in one of the Secondary School run by it. On 1 st February

1994, the Assistant Teacher was transferred to its Secondary

School at Village Bhuinj in Taluka- Wai, District - Satara. The

Assistant Teacher's husband was also serving in the school run

by the Management. The policy of the Management was to post

the husband and wife at one place. According to the Assistant

Teacher her request for posting at the place where her husband

wps 4321-01 & 5421-01.doc

was posted was never considered. Upon acquisition of requisite

qualification she was given B.Ed. Scale for one year. Without any

rhyme and reason she was given D.Ed. Scale. The Assistant

Teacher proceeded on hunger strike and also made

representation. It is alleged by the Assistant Teacher that the

Management was harassing her by frequently transferring her at

odd places. On 25/8/1994, the Assistant Teacher proceeded on

medical leave upto 22/9/1994. After completion of her leave

period the Assistant Teacher went to join her duties on

1/10/1994, but she was not allowed to resume her duties and

she was prevented from signing the muster roll. According to

her, she was not allowed to join duties with effect from

1/10/1994 and therefore, she filed the Appeal before the School

Tribunal for reinstatement with back-wages and consequential

benefits as it was her case that she was otherwise terminated

from 1st October, 1994.

4. The Management filed the reply denying the

Assistant teacher's contention that she was otherwise

wps 4321-01 & 5421-01.doc

terminated. According to the Management they never

terminated her service and therefore no cause of action accrued

in her favour to file the Appeal. The stand of the Management

was that the Assistant Teacher remained absent from the duties

without taking prior permission of the concerned authorities as

a result the students suffered as they were not in position to

complete the regular portion.

5. Heard the Learned Counsel. The Tribunal has taken

into consideration that the Assistant Teacher filed applications

for leave and though she was on medical leave with prior

approval, she was shown absent from duties from 25/8/1994.

Learned Tribunal recorded a finding that when the Assistant

Teacher was not allowed to join her duties she reported about

the same to her superiors by writing letters. Based on the

material on record the School Tribunal has found that the

Management prevented the Assistant Teacher from joining her

duties on 1/10/1994 and stopped paying her salary also. The

Tribunal has also observed that though the regular Head Master

wps 4321-01 & 5421-01.doc

was not on duty on 1/10/1994, the letter under his signature

was already kept prepared and therefore, the Management was

pre-determined to take action against the Assistant Teacher. The

Tribunal has arrived at a finding of fact that the services of the

Assistant Teacher were otherwise terminated with effect from

1/10/1994 and she was not allowed to join her duties and

therefore entitled for reinstatement. We do not find any

perversity or error in the view taken by the Tribunal.

6. In so far as the grant of backwages is concerned the

Tribunal has recorded that the Management issued a letter to

the Assistant Teacher on 26/8/1997 directing her to resume

duties on or before 1st September 1997. The Management also

filed an application (Exh.20) before the Tribunal requesting the

Presiding Officer to direct the Assistant Teacher to resume her

duty. Even during the course of arguments before the Tribunal

the Management showed their willingness to allow the Assistant

Teacher to resume the duty. The Assistant Teacher refused to

join duty on the ground that the Appeal before the School

wps 4321-01 & 5421-01.doc

Tribunal is at the final stage and the matter be decided on

merits. The Tribunal in these circumstances has granted full

backwages from 1/10/1994 upto 30/8/1997 and at the rate of

25% for the subsequent period i.e. 1/9/1997 till the Assistant

Teachers' reinstatement. We find that initially the Management

prevented the Assistant Teacher from joining her duties,

however, w.e.f. 1st September, 1997 atleast, the Management was

inclined to allow the Assistant Teacher to join duty. During the

pendency of the petition, the petitioner has superannuated. By

virtue of interim directions the entire backwages were directed

to be paid over to the Assistant Teacher. We are therefore not

inclined to interfere with the order passed by the Tribunal in

exercise of the writ jurisdiction under Article 226 and Article

227 of the Constitution of India.

7. The Writ Petitions are accordingly dismissed with no

order as to costs.

8. Rule to stand discharged.

wps 4321-01 & 5421-01.doc

9. In these matters we had requested Ms. Devayani

Kulkarni, learned Counsel to assist us on behalf of the Assistant

Teacher as she is not in a position to engage a Lawyer. She

graciously accepted our request and argued these petitions at

length. We place on record our appreciation for the able

assistance rendered by Learned Counsel Ms. Devayani Kulkarni.

 (M.S.KARNIK, J.)                                               (A.A.SAYED, J.)