Bombay High Court
Friends Suvichar Education ... vs State Of Maharashtra, Ministry Of ... on 26 July, 2017
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3773/2015
PETITIONER : Friends Suvichar Education
Society, through its Secretary,
Ramchandra Sakaharam Raut,
Aged about 69 yrs., R/o Suyog Nagar,
Nari Road, Post - Uppalwadi,
Nagpur - 440026.
...Versus...
RESPONDENTS : 1. State of Maharashtra, Ministry of
Education, through its Secretary,
Mantralaya, Mumbai - 32.
2. Education Officer (Primary),
Zilla Parishad, Nagpur.
3. Smt. Anu @ Anusaya Lakhansingh Gujar
Aged about 61 yrs., Occ. Retired,
R/o Cosmopolitan Society, Somalwada,
Wardha Road, Nagpur - 440025.
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Shri Shashibhushan Wahane, Counsel for the petitioner
Mrs. H.N. Prabhu, AGP for the respondent no.1
Mrs. I.L. Bodade & Shri G.G. Mishra, Counsel for the respondent no.2
Shri P.A. Jibhkate, Counsel for the respondent no.3
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CORAM : SMT. VASANTI A NAIK AND
ARUN D. UPADHYE, JJ.
DATE : 26.07.2017
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
By this petition, the petitioner seeks a direction against the
respondent no.2 - Education Officer (Primary), Zilla Parishad to take the
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responsibility of paying the salary of the respondent no.3 for the period
from 26/7/2010 to 31/7/2013.
The respondent no.3 was appointed as an Assistant Teacher
in the school run by the petitioner - Society. The services of the
respondent no.3 were terminated by the order dated 14/7/2010. Being
aggrieved by the order of her termination, the respondent no.3 filed an
appeal before the School Tribunal. The appeal was dismissed by an order
dated 27/9/2013. The respondent no.3 filed a writ petition bearing Writ
Petition No.6350/2013. The said writ petition was allowed on 23/1/2014
and this Court directed the petitioner to reinstate the respondent no.3 in
service with full back wages. In the meanwhile, after the termination of
the services of the respondent no.3, the petitioner - Society had
appointed another Assistant Teacher, namely, Nitin Chaudhary as a
Shikshan Sevak w.e.f. 26/7/2010. Since the respondent no.3 had attained
the age of retirement on 31/7/2013 the respondent no.3 could not be
reinstated. However, in view of the directions in Writ Petition
No.6350/2013, the petitioner was required to pay the arrears of salary to
the respondent no.3 w.e.f. 14/7/2010 till 31/7/2013. The petitioner
asked the Education Officer to pay the salary to the respondent no.3 for
the aforesaid period as the school run by the petitioner - Society was
receiving grant-in-aid. Since the Education Officer (Primary), Zilla
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Parishad did not pay the salary that was payable to the respondent no.3,
the petitioner - Society has filed the petition with a prayer for a direction
to the Education Officer to pay the salary to the respondent no.3
Shri Wahane, the learned Counsel for the petitioner
submitted that since the school run by the petitioner was receiving grant-
in-aid, it would be necessary for the Zilla Parishad to pay the arrears of
salary to the respondent no.3.
On the other hand, it is submitted on behalf of the Zilla
Parishad that the Zilla Parishad could have paid the salary to the
respondent no.3, if the petitioner had not appointed any other Assistant
Teacher on the post which the respondent no.3 was holding at the time of
her termination. It is stated that the Zilla Parishad cannot be made liable
to pay the salary of two teachers for the same post, for the same period.
On hearing the learned Counsel for the parties, it appears
that the relief sought by the petitioner cannot be granted. After the writ
petition was allowed by the order dated 23.1.2014, it was the
responsibility of the petitioner to pay the arrears of salary to the
respondent no.3, as after the termination of the respondent no.3 on
14/7/2010, the petitioner had filled the vacancy that arose due to the
termination of the respondent no.3 by appointing Shri Nitin Chaudhary as
a Shikshan Sevak by the order dated 26/7/2010. Since Shri Nitin
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Chaudhary was working on the post that was held by the respondent no.3
from 26/7/2010 till the respondent no.3 attained the age of
superannuation on 31/7/2013, it is rightly submitted on behalf of the
Zilla Parishad that the liability to pay the arrears of salary to the
respondent no.3 cannot be fastened on the Zilla Parishad. It is rightly
submitted on behalf of the Zilla Parishad that the Zilla Parishad cannot be
made to pay the salary of two teachers for the same post.
Since the relief sought by the petitioner cannot be granted,
the writ petition is dismissed with no order as to costs. Rule stands
discharged.
JUDGE JUDGE
Wadkar
