Bombay High Court
Shital Ashish Mandan vs The State Of Maharashtra And ... on 16 March, 2021
Bench: Ujjal Bhuyan, M. G. Sewlikar
(1) 903 ca 6894.20
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
903 CIVIL APPLICATION NO.6894 OF 2020
IN CP/34/2020 WITH CP/34/2020 IN WP/10186/2017
SHITAL ASHISH MANDAN
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Applicants : Mr. Panpatte V.S.
AGP for Respondents/State : Mrs. M.A. Deshpande
Advocate for R/3 & 4 : Mr. I.D. Maniyar
...
CORAM : UJJAL BHUYAN &
M.G. SEWLIKAR, JJ.
DATE : 16.03.2021
P.C. :-
Petitioner had filed Writ Petition No.10186 of 2017 before this
Court being aggrieved by the order dated 27.04.2017 whereby her claim to
the post of 'Shikshan Sevak' in J.R. City High School and Junior College run by
the Dhule Education Society was rejected. This Court by judgment and order
dated 09.10.2018 allowed the writ petition in terms of prayer clause-B which
reads as under:
B. By a writ of certiorari or any other appropriate writ or
direction in the like nature, the decision/order dated 24.07.2017
passed by the Respondent No.2-Education Officer (Secondary) may
please be quashed and set aside and directed to grant approval to the
appointment of the petitioner as Shikshan Sevak from 01.08.2013 to
(2) 903 ca 6894.20
31.07.2016 and Assistant Teacher in regular pay-scale from
01.08.2016 in the Respondent No.4- School and release her salary;"
2. Therefore from the above, it is crystal clear that as per the
judgment of this Court the rejection order dated 24.07.2017 was quashed
whereafter a direction was issued to the Education Officer (Secondary), Dhule
Zilla Parishad to grant approval to the appointment of the petitioner as
'Shikshan Sevak' from 01.08.2013 to 31.07.2016 and thereafter as Assistant
Teacher on regular pay scale w.e.f. 01.08.2016.
3. Alleging non-compliance of the aforesaid judgment and order of
this Court, petitioner has filed Contempt Petition No.34 of 2020. This Court
by order dated 07.01.2020 had issued notice to the Education Officer
(Secondary), Zilla Parishad, Dhule.
4. Civil Application No.6894 of 2020 has been filed by the petitioner
for a direction to the said officer to deposit arrears of salary in the registry as
directed by this Court.
5. On 05.11.2020 a statement was made by learned A.G.P. that
petitioner's name would be included in the online portal 'Shalarth Pranali'
within four weeks and thereafter within a week the petitioner would be paid
her salary.
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6. For one reason or the other the matter could not be heard.
Finally on 23.02.2021 learned A.G.P. submitted that the concerned officer Mr.
M.G. Sonawane, Deputy Education Officer (Secondary), Zilla Parishad, Dhule
was present in the Court and on his instructions submissions were made that
payment in respect of the period from 2017 onwards would be possible within
a period of two weeks; further, payment for the period from 2013 onwards
would be considered on the next date i.e. today.
7. Learned counsel for the petitioner submits that as on date
petitioner has neither been paid salary for the period she worked as 'Shikshan
Sevak' and thereafter as 'Assistant Teacher'. On a query by the Court, he
submits that the petitioner is receiving regular salary from January-2021 and
further arrears for the period from March-2020 to December-2020 has been
paid.
8. Mrs. M.A. Deshpande learned A.G.P. submits that when the
proposal for approval by the Deputy Director was sent, an inadvertent mistake
was made by the Deputy Director while entering the name of the petitioner in
the online portal regarding the initial date of appointment. This has since been
rectified. Now the proposal has to be made by the Headmaster of the
institution to the Education Officer who shall thereafter forward it to the
Deputy Director for approval and payment.
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9. Court is not concerned with the internal administrative
mechanism of the respondents. All that the Court is concerned is that the
directions passed by this Court should be complied with in letter and spirit.
Already there has been considerable delay in compliance. Furthermore
statement made before this Court on 23.02.2021 that the payment for the
period from 2017 onwards would be possible within a period of two weeks
has remained on paper only.
10. We therefore direct the concerned Deputy Education Officer
(Secondary), Zilla Parishad, Dhule Mr. M.G. Sonawane to be present in person
before the Court along with the relevant record on 19.04.2021 at 10.30 am.
11. However, it would be in the interest of the concerned officer
himself to ensure compliance of the Courts' order as alluded to herein-above
and apprise the Court accordingly, failing which Court may be compelled to
pass appropriate order(s) in the contempt proceeding.
12. Stand over to 19.04.2021, top of the board.
[M.G. SEWLIKAR, J.] [UJJAL BHUYAN, J.]
mub
