Bombay High Court
Anil S/O. Manoharrao Shrirao vs State Of Maharashtra Thr. ... on 15 January, 2018
Bench: B.P. Dharmadhikari
wp3429.16 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 3429 OF 2016
Anil s/o Manoharrao Shrirao,
aged about 49 years,
occupation - Service, r/o
Sawargaon, Tahsil - Narkhed,
District - Nagpur. ... PETITIONER
Versus
1. The State of Maharashtra
through its Secretary, Higher &
Secondary Education, Mantralaya,
Mumbai 400 032.
2. Deputy Director of Education,
Nagpur Region, Nagpur.
3. Principal,
Rani Laxmibai Junior College,
Sawargaon, Tahsil - Narkhed,
District - Nagpur. ... RESPONDENTS
Shri Narendra Thombre, Advocate for the petitioner.
Shri Amit Chutke, AGP for respondent Nos. 1 & 2.
Shri Anand Parchure, Advocate for respondent No. 3.
.....
CORAM : B.P. DHARMADHIKARI &
MRS. SWAPNA JOSHI, JJ.
JANUARY 15, 2018.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.)
Heard Shri Narendra Thombre, learned counsel for
the petitioner, Shri Amit Chutke, learned AGP for respondent
Nos. 1 & 2 and Shri Anand Parchure, counsel for respondent
No. 3.
2. The petitioner admittedly completed his 12 years on
24.06.2011 and, therefore, should have been given senior scale
from the said date, however, as he has completed in service
Training on 09.03.2015, it has been given on 10.03.2015. The
petitioner has pointed out to this Court that requirement of
completion of Training imposed on 08.12.1995 by the State
Government has been relaxed on 19.01.2001.
3. The learned AGP for respondent No. 2 has not
disputed this submission. Respondent No. 2 has remained
satisfied by pointing out that on 22.03.2015 his office has
forwarded the papers to the Education Officer (Secondary).
The contention of the learned AGP is, decision in this respect
has to be taken by the Education Officer and that officer is not
party respondent before this Court.
4. Respondent No. 3 - Principal has submitted that
service record of the petitioner is not proper. However,
respondent No. 3 is not in a position to explain relevance of
service record in the light of norms laid down on 08.12.1995 as
modified on 19.01.2001.
5. The exercise of fitment undertaken on 10.03.2015
shows that there service record and teaching of the petitioner
has been found to be satisfactory. We, therefore, find that the
petitioner has been unnecessarily made to suffer and approach
this Court in the matter.
6. Respondent No. 2 - Deputy Director has not
assisted the Court in deciding the controversy. Before filing
reply affidavit on 24.03.2017 in this matter, he could have
verified whether in past two years i.e. after 22.03.2015, his
subordinate viz., the Education Officer has taken any steps on
the papers sent by him. That has not been done.
7. In this situation, we direct respondent Nos. 1 & 2 to
fix the petitioner in senior scale from 24.06.2011 and to work
out his arrears accordingly within next three months. The
arrears shall be paid to him with interest calculated @ 8% per
annum by respondent Nos. 1 & 2 within next three months.
8. We direct the office of Respondent Nos. 2 & 3 to
deposit in the account of the petitioner, an amount of
Rs.2,000/- each towards cost of this matter. The affidavit
personally sworn by the Deputy Director of Education -
Respondent No. 2 and Principal, Rani Laxmibai Junior College,
Sawargaon - Respondent No. 3 that the cost amount has been
so deposited shall be filed within two weeks with the Registry
of this Court. We also direct respondent No. 1 to recover the
amount of expenditure incurred by it in defending the petition,
from respondent No. 2.
9. Writ Petition is thus allowed and disposed of.
Certified copy expedited.
JUDGE JUDGE
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