Mahatma Fule Shikshan Sanstha, ... vs Ku. Savita Rangraoji Ingale And ...
2021 Latest Caselaw 8420 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.

                           WRIT PETITION NOS. 2172 OF 2021

                         Mahatma Fule Shikshan Sanstha and others
                                          -Vs.-
                          Ku.Savita Rangraoji Ingale and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr.Anand Parchure, counsel for the petitioners.




                                                CORAM : MANISH PITALE, J.

                                                DATE           : 24.06.2021


                                          Hearing           was        conducted             through          video

conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. Heard the learned counsel for the petitioners.

3. The petitioners are aggrieved by order dated 19/04/2021 passed by the School Tribunal, Amravati, whereby promotion order dated 01/01/2017 issued in favour of the petitioner No.3 has been set aside and the petitioner No.1-Management has been directed to promote the respondent No.1 to the post of headmaster with effect from 01/01/2017 with consequential benefits.

4. The fact that the petitioner No.3 could not have been appointed as headmaster since the present case concerns a girls school is not disputed by the petitioner

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No.1-Management. But, an aspect, which was said to have been brought to the notice of the Tribunal, according to the petitioner No.1-Management, has a crucial bearing on the present case. It is brought to the notice of this Court that from the academic session 2018-19 onwards till date, the post of headmaster itself has not been sanctioned by the Education Officer, for the reason of dwindling student strength. On this basis, it is submitted that the direction to appoint respondent No.1 in the post of headmaster cannot be implemented. It is submitted that if such a step is taken by the petitioner No.1-Management, it would be open to action by the Education Officer for having appointed a person on a post which has not been sanctioned.

5. Hence, issue notice for final disposal, returnable on 20/07/2021.

6. In view of the specific submission made on behalf of the petitioner No.1-Management regarding absence of sanctioned post of headmaster from the academic year 2018-19, there shall be stay to the impugned judgment and order of the Tribunal, subject to the petitioner No.1-Management paying an amount of Rs.1,00,000/- (Rs.One Lakh Only) to the respondent No.1 within a period of four weeks from today. This is a rough and ready calculated amount towards the difference of salary that the respondent No.1 would have been paid from 01/01/2017 till the academic year 2018 started, if she would have been appointed on the KHUNTE

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said post. The payment of this amount is subject to the final result of the present writ petition and subject to any modification upon hearing the respondent No.1.

7. Learned AGP Ms Tajwar Khan waives notice on behalf of respondent No.2.

JUDGE

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