Bombay High Court
Nandkishor Papalal Modi vs The State Of Maharashtra And ... on 4 August, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.1541 OF 2020
NANDKISHOR PAPALAL MODI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioners : Shri Yashodeep D. Deshmukh h/f Shri
Kawre Anand D.
AGP for Respondents 1 to 3 : Shri S.B.Pulkundwar
Advocate for Respondent 5 : Shri R.D. Khadap
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
DATE :- 04th August, 2021
Per Court :-
1. The petitioner has put forth prayer clauses B and
as under :-
"B) By issue of writ of mandamus or any other
appropriate writ, order or direction of like
nature to the respondent no.1 to 4 be directed to
pay arrears of salary of the petitioner from the
date of reinstatement till the date of retirement
on superannuation and sanction the pay bills
with the Education Officer within 1 month.
C) By issue of writ of mandamus or any other
appropriate writ, order or direction of like
nature to the respondent no.3 & 4 be directed to
prepare and forward the proposal of pension
and retiral benefits to which the petitioner is
entitled, within 1 month to the competent
authority."
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2. Having heard the learned counsel for the respective
sides and having gone through the petition paper book with their
assistance, it is apparent that, on the one hand, the disciplinary
enquiry has not been initiated against the petitioner as there are
two factions amongst the members of respondent No.4 Society
and the present in-charge Headmaster is the Block Education
Officer, Zilla Parishad, Beed. On the other hand, the petitioner is
facing a criminal trial under the Prevention of Corruption Act. He
has superannuated from employment as the Headmaster on
31.05.2019. The criminal case has been initiated prior to his
retirement and even after his retirement, no disciplinary/
departmental enquiry has been initiated.
3. The petitioner's salary for the month of May, 2019 is
outstanding. So also, fixation of his pay scale as per the 7 th Pay
Commission's recommendations has yet not been done. Vide the
order dated 27.07.2021, the Education Officer (Secondary) has
fixed the provisional pension payable to the petitioner w.e.f.
01.06.2019 for a period of six months. Thereafter, no order
continuing such provisional pension in blocks of six months has
been passed.
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4. Rule 130(1)(b) of the Maharashtra Civil Services
(Pension) Rules, 1982 authorizes the head of office to sanction
the provisional pension commencing from the date of retirement
of the employee, who is facing the departmental or judicial
proceedings, till such period of six months unless the period is
extended by the Audit Officer and such provisional pension is
continued up to the conclusion of the departmental or judicial
proceedings or final orders are passed by the competent
authority.
5. In view of the above and since the judicial
proceedings are pending, it is a matter of speculation as to how
long would such proceedings continue. The petitioner, who is
superannuated, cannot be deprived of the provisional pension,
which was already granted. Covid-19 pandemic has resulted in
further delay in trials and it is a matter of speculation as to how
much more time would be required for concluding judicial
proceedings.
6. In view of the above, this Writ Petition is partly
allowed with the following directions :-
(a) Respondent No.5 shall forward the pay bill of the
month of May, 2019 to which the petitioner is entitled to, to
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respondent No.3 within three weeks from today.
(b) So also, respondent No.5 shall forward the proposal
to the head of the office for continuing the payment of
provisional pension to the petitioner in blocks of six months from
01.10.2019 onwards. Such proposal would also be sent within
three weeks from today.
(c) Needless to state, after the judicial proceedings
culminate and/or departmental proceedings conclude, the
petitioner would be at liberty to seek redressal of his grievance, if
any.
(d) The proposal sent by the Education Officer dated
28.07.2021 at page 53 seeking clearance of the arrears of salary
of the petitioner in view of the judgment of this Court in Writ
Petition No.2786/2015 and Contempt Petition No.140/2016, shall
be cleared by the Director of Education (Secondary) within four
weeks from today.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
