Jagdish Dattajirao Jadhav And Ors vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 13888 Bom

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed by
                                    CIVIL APPELLATE JURISDICTION
KANCHAN   KANCHAN VINOD
VINOD     MAYEKAR

MAYEKAR
          Date: 2021.09.29
          12:26:56 +0530              WRIT PETITION NO. 5736 OF 2021

                 Jagdish Dattajirao Jadhav & Ors.                      ..... Petitioners

                             VERSUS

                 The State of Maharashtra & Ors.                       ..... Respondents

                 Mr.Prashant Bhavake for the Petitioners.

                 Mrs.P.J.Gavhane, A.G.P. for the State - Respondent nos. 1 and 2.

                                               CORAM: R. D. DHANUKA AND
                                                      ABHAY AHUJA, JJ.

DATE : 27th SEPTEMBER, 2021

P.C:-

Mr.Bhavake, learned counsel for the petitioner seeks liberty to

delete the name of the respondent nos. 4 and 5 since no reliefs are

claimed against these respondents. Leave to amend is granted.

Amendment to be carried out forthwith. Re-verification is dispensed

with.

2. Rule. Learned A.G.P. waives service for the respondent nos. 1

and 2. By consent of parties, writ petition is heard finally.

3. By this petition filed under Article 226 of the Constitution of KVM

8 - WP 5736 OF 2021.doc India, the petitioner seeks an order and direction against the respondent

nos. 1 to 3 to release the monthly salary of the petitioners and the

arrears from May 2019 as per the bills submitted by the respondent

no.5 within the stipulated period.

4. It is the case of the petitioner that one Smt.Lata Pandurang Kore

who was working as Assistant Teacher appointed by the Shaleya

Shikshan Prasarak Mandal in the New English School, Shirol. Her

services were terminated by the management. She filed an appeal

bearing no. 69 of 2020 before the School Tribunal, Kolhapur. By an

order dated 26th June, 2003, the School Tribunal allowed the said

appeal filed by the said Smt.Lata Pandurang Kore and directed the

management to reinstate her to the original post with continuity of

service and to pay her regular monthly salary since she joins on duty.

5. We are informed that the writ petition filed by the management

bearing no. 6195 of 2003 came to be dismissed by this Court by an

order and judgment dated 11th December, 2003. The Letters Patent

Appeal No.16 of 2005 filed by the management came to be dismissed

on 9th July, 2009.

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6. The said Smt.Lata Pandurang Kore thereafter filed a writ petition

bearing no. 7567 of 2018 in this Court inter alia praying for writ of

mandamus against the Education Officer to recover a sum of

Rs.15,81,736/- out of grant of the management and to be paid to the

said Smt.Lata Pandurang Kore. The said writ petition is still pending.

7. Mr.Bhavake, learned counsel for the petitioner submits that the

Education Officer however has withheld the salary of the petitioner and

the salary grant since May 2019 and has also not paid the current

salaries. He however on instruction states that recently the salary has

been released for the months of April to July 2021.

8. Ms.Gavhane, learned A.G.P. on instruction states that the writ

petition filed by the said Smt.Lata Pandurang Kore is still pending and

there are hardly any amount available for enforcement of the said order

passed by the School Tribunal as far as the non-salary grant is

concerned and thus this Court may not direct the Education Officer to

release the entire salary grant available.

9. Mr.Bhavake, learned counsel for the petitioner states that the

salary grant withheld by the Education Officer would be around Rs.2 KVM

8 - WP 5736 OF 2021.doc crores. Statement is accepted.

10. In our view, merely because the School Tribunal has directed the

Education Officer to implement the said order dated 26th June, 2003 in

Appeal No. 69 of 2000 which is around Rs.16 lacs as on date,

Education Officer cannot withheld the entire salary grant of the school

in which these petitioners are working, resultantly these petitioners not

been paid salary since May 2019. We, accordingly pass the following

order :-

(a) We direct respondent nos. 1 to 3 to release the

monthly salary of the petitioner since the date of

arrears i.e. from May 2019 and to release the salary

grant in favour of the petitioner excluding the salary of

two months i.e. for May 2019 and June 2019 within 12

weeks from today without fail.

(b) It is made clear that the amount which are

allowed to be withheld by this order shall be subject to

the outcome of the writ petition filed by Smt.Lata

Pandurang Kore in Writ Petition No. 7567 of 2018.

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(c) We grant liberty to the petitioner to apply for

impleadment in the said Writ Petition No. 7567 of

2018 before the learned Single Judge in view of the

fact that the amount allowed to be withheld by this

order in favour of the Education Officer would be

subject to the outcome of the said Writ Petition No.

7567 of 2018. If any such application for impleadment

is made by these petitioners in that writ petition, the

learned Single Judge to consider the said application

for impleadment on its own merits.

(d) Rule is made absolute in the aforesaid terms.

(e) Writ petition is disposed of accordingly. No

order as to costs.

(f) The parties to act on the authenticated copy

of this order.

[ABHAY AHUJA, J.]                         [R.D.DHANUKA, J.]