Maharashtra Rajya Prathamik ... vs The Education Officer (Primary)
2022 Latest Caselaw 1539 Bom

                                            1
                                                                        2196.22WP

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                         954 WRIT PETITION NO.2196 OF 2022

           MAHARASHTRA RAJYA PRATHAMIK SHIKSHAK SAMITI
                                 VERSUS
               THE STATE OF MAHARASHTRA & OTHERS
                                    ...
               Advocate for the petitioner : Mr.S.G.Munde
                 AGP for Respondent-State : Mr.A.R.Kale
                                    ...
                         CORAM : S.V.GANGAPURWALA &
                                  S.G.DIGE, JJ.

DATE : 15.02.2022

P.C. :

1] The Circular dated 09.09.2019 holds the field. As per the said Circular, the employees working in the rural area are required to reside in the headquarters.

2] The petitioner is challenging the impugned action of initiating departmental enquiry and further if such employees are not residing at the headquarters till the enquiry is conducted, the salary shall not be paid.

3] Learned counsel for the petitioner relies on the judgment in Writ Petition No.5822 of 2014 dated 19.10.2015 and another judgment in PIL No.99 of 2013 dated 23.09.2019.

2196.22WP

4] The circular dated 09.09.2019 was not the subject matter of consideration in earlier Writ Petition and PIL.

5] No reason is given as to why the members of the petitioner Samiti are not residing at the headquarters, stay at headquarters of the employees would be necessary for effective functioning.

6] We are not inclined to grant ad-interim relief at this stage.

7] Issue notice to the respondents, returnable on 15.03.2022. Learned AGP waives notice for respondent nos.1 to 3.

[S.G.DIGE, J.] [S.V.GANGAPURWALA, J.]

DDC