Bombay High Court
Dr.Javed Ahmad vs State Of Maharashtra & Others on 7 September, 2017
Bench: Ravi K. Deshpande
1 WP-2036.02.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 2036 OF 2002
Dr. Javed Ahmad,
Principal R.A. Quidwayi High School
and Junior College, Ghotkala,
Chandrapur. ... PETITIONER
.. Versus ..
1. State of Maharashtra,
through its Secretary,
Education Department,
Mantralaya, Mumbai-32.
2. The Education Officer (Secondary),
Zilla Parishad, Chandrapur.
3. The Director of Education,
Maharashtra State, Central Bldg.
Pune.
4. R.A. Quidway Memorial Education
Society, through its Secretary,
Ghotkala, Chandrapur.
5. The Dy. Director of Education,
Nagpur Region, Old Morris College,
Nagpur. ... RESPONDENTS
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Mr. Rohit Vaidya holding for Mr. Anand Parchure, Advocate for Petitioner.
Mr. Vinod Thakare, Addl. Govt. Pleader for Respondent Nos.1 to 3 & 5
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CORAM : R.K. DESHPANDE &
MANISH PITALE, JJ.
DATED : September 7, 2017.
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ORAL JUDGMENT (Per MANISH PITALE, J.)
By this writ petition the petitioner has prayed for
grant of pay protection of Rs.2600/-, which he was drawing
as a Lecturer in Junior College, before being appointed in
the post of Headmaster/Principal in the school run by
respondent No.4-society. It is the case of the petitioner that
while he was working as a Lecturer in Junior College, he
was drawing salary in the pay scale of Rs.2000/- to 3200/-
with the basic pay of Rs.2600/-.
2. The petitioner resigned from the said post and
he was selected and appointed as Headmaster/Principal in
the school run by respondent No.4 society in the pay scale
of Rs.2000/- to 3500/-. It is further submitted on behalf of
petitioner that the earlier management, where the
petitioner was working as a Lecturer in Junior College, had
issued a last pay certificate to show the fact that he was
drawing the said salary. It is further submitted that upon
the appointment of petitioner as a Headmaster/Principal,
respondent no.4 passed a resolution for protection of the
pay of the petitioner.
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3. Our attention has been drawn to the letter dated
25.04.1994 issued by the Education Officer (Secondary),
Zila Parishad Chandrapur to the Deputy Director of
Education, Nagpur Division, Nagpur, recommending the
case of the petitioner for aforesaid pay protection. But, by
the order dated 10.07.1996 as also order dated 06.01.1997
issued by the Senior Account Officer, Education
Department, the pay protection to the petitioner has been
denied. It is this action of the respondent that has been
impugned by the petitioner in this writ petition.
4. While issuing notice on 04.07.2002, this Court
had directed that no recovery should be made from the
petitioner. On perusal of the impugned order, we find that
no notice was issued to the petitioner and no hearing was
granted to him, although the effect of the said order was
clearly adverse to the benefits of the petitioner. Therefore,
on this ground, we set aside the impugned order passed by
the respondents.
5. We further remand the matter back to the Dy.
Director of Education, Nagpur Division, Nagpur, for
consideration of the grievance of the petitioner. The said
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authority shall grant hearing to the petitioner and
thereupon pass a reasoned order. The Dy. Director of
Education shall decide the case of the petitioner within a
period of three months from the date of service of copy of
this order.
6. Accordingly, the writ petition is partly allowed
with no order as to costs.
JUDGE JUDGE
waghmare
