Bombay High Court
Shri Shivaji Education Society, ... vs Ku. Jaya Prahladrao Dhakite And ... on 9 March, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.8378 OF 2019
Shri Shivaji Education Society,
Amravati, through its Secretary
Shri Sheshrao Shankarrao Khade,
Aged about 68 years, Occ: Retired,
C/o Shri Shivaji Education Society,
Shivajinagar, Amravati. ...PETITIONER
...V E R S U S...
1) Ku. Jaya Prahladrao Dhakite,
Aged about 42 years,
Occ: Service, Radha Krishna Colony,
Morshi, Dist. Amravati.
2) The Headmaster,
Jarud High School, Jarud,
Tah. Warud, Distt. Amravati.
3) Education Officer (Secondary),
Zilla Parishad, Amravati. ...RESPONDENTS
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Shri K.P. Mahalle, Advocate for petitioner.
Shri Priyadarshan Parsodkar, Advocate for respondent no.1.
Shri J.B. Gandhi, Advocate for respondent no.2.
Shri K.L. Dharmadhikari, A.G.P. for respondent no.3.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 9th MARCH, 2021.
ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally
by consent of the parties.
(2) Heard Shri Kuldeep Mahalle, learned counsel for
petitioner, Shri Priyadarshan Parsodkar, learned counsel for
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respondent no.1, Shri J.B. Gandhi, learned counsel for respondent no.2
and Shri K.L. Dharmadhikari, learned A.G.P. for respondent no.3.
(3) Respondent no.1 filed an appeal bearing Appeal STN
No.68 of 2019 before the School Tribunal, Amravati with a prayer
to quash and set aside the order of termination dated 21.11.2019
passed by the petitioner-Society. Along with the appeal, he filed
an application for stay. The said application was decided by the
Presiding Officer, School Tribunal, Amravati on 04.12.2019. The
operative portion of the order is as under:
"1) The effect of impugned termination order is stayed
till further order on following conditions;
2) The appellant to furnish solvent surety of
Rs.1,00,000/- with undertaking that she will repay the
amount of salary received hereinafter to the
Management if, the result of the appeal goes against her;
3) On the said compliance, the appellant shall be
continued in service on her former post and the
Management shall pay 50% of her regular per month
salary till disposal of this appeal or till further orders;
4) Any attempt on the part of appellant to prolong
preseetn appeal would entail in vacating stay order;
5) Both the parties and their Ld. Advocates to note this
order and to comply accordingly;
6) Considering facts of the case, both the parties are
directed to expedite the matter;
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7) Entire copy of this order be sent to Education Officer
(Respondent No.3) for his information. Concerned
clerk to comply Scrupulously and place
acknowledgment copy on record."
(4) Against that, the present writ petition is filed.
(5) The appeal filed by respondent no.1 is pending. It is an
admitted position that respondent no.1 is still working at Jarud
High School.
(6) Learned counsel for the petitioner submits that in view
of the pendency of the appeal, this Court may direct the learned
Tribunal to decide the appeal filed on behalf of respondent no.1 as
expeditiously as possible.
(7) Since the appeal is pending and respondent no.1 is
working with respondent no.2 any observations on the merit of
the matter from this Court will surely prejudice both petitioner as
well as respondent no.1. In that view of the matter, I pass the
following order:
ORDER
i) The writ petition is disposed of with a direction to
the Presiding Officer, School Tribunal, Amravati that Tribunal
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shall decide the appeal on its own merits within a period of
two months from 26.03.2021.
ii) Till that time interim order dated 04.12.2019 shall
remain in operation.
Rule is made absolute in above terms. No order as to costs.
JUDGE
Wagh
