Bombay High Court
Ravi Shyam Hiwarkhede vs Late Sanjay Rathod Education ... on 28 February, 2022
Bench: A.S. Chandurkar, Mukulika Shrikant Jawalkar
1 WP6633-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 6633/2019
(RAVI SHYAM HIWARKHEDE VERSUS LATE SANJAY RATHOD EDUCATION SOCIETY & OTHERS)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri P.S. Patil, counsel for the petitioner.
Ms N.P. Mehta, A.G.P. for the R-3 & 4.
CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, JJ.
DATE : FEBRUARY 28, 2022.
By this writ petition, the petitioner seeks a direction with regard to
payment of arrears of salary from the date of his termination which is
01.10.2015 till his reinstatement. A further prayer is made for a direction to pay
regular salary to him.
The petitioner who was working as an Assistant Teacher at the respondent
nos.1 and 2 was served with an order of termination dated 01.10.2015. The
petitioner filed an appeal before the School Tribunal and by the judgment dated
22.02.2019 that appeal was allowed and the order of termination was set aside.
Liberty was however granted to the respondent no.1-Management to start a
fresh enquiry from the stage the same was found to be illegally conducted. The
question of back wages from the date of termination till the date of
reinstatement was to be decided by the Management depending upon the
outcome of the enquiry proceedings. It was however stated that if there was a
failure to initiate the enquiry within a period of two months from the date of the
order, the Management would pay the entire arrears of salary.
It is the case of the petitioner that though the services of the petitioner
were reinstated on 23.03.2019, his name was not included in the salary bills.
This was despite the fact that the petitioner was participating in the fresh
enquiry from 19.04.2019. The petitioner has thus approached this Court by
filing the present writ petition seeking arrears of salary.
2 WP6633-19.odt
In the reply filed by the respondent no.4-Education Officer (Secondary) it
has been stated that pursuant to the proposal submitted by the Management for
paying the arrears of salary the same was examined and by the communication
dated 09.02.2022 the Deputy Director of Education, Amravati has held the
petitioner entitled for an amount of Rs.11,69,044/- towards unpaid salary. The
same is for the period from March-2019 to October-2020. The proposal in that
regard had been forwarded to the Superintendent of Pay Unit and the said Pay
Unit has then forwarded the proposal to the Director of Education for sanction
on 15.02.2020. It is also stated that all steps are being taken to make the
aforesaid payment to the petitioner.
We find that in view of the statements made in paragraph 4 of the
affidavit filed by the respondent no.4 the grievance of the petitioner with regard
to arrears of salary from March-2019 to October-2020 stands resolved. We
accept the statements made in paragraph 4 and direct the Authority to release
the arrears of salary mentioned hereinabove expeditiously.
It is submitted by the learned counsel for the petitioner that on
15.09.2020 the petitioner's services have been again terminated after holding an
enquiry. The petitioner seeks to raise a grievance in that regard.
Since the services of the petitioner have been terminated and as the
petitioner has already filed an appeal before the Tribunal, all grievances in that
regard can be raised in that appeal. It is therefore not necessary to keep the
present proceedings pending. The writ petition is disposed of in view of
statements made in paragraph 4 of the affidavit.
Order accordingly. No costs.
(SMT. M.S. JAWALKAR, J.) (A. S. CHANDURKAR, J.)
APTE
Signed By: Digitally signed
byROHIT DATTATRAYA
APTE
Signing Date:01.03.2022 11:22
