Bombay High Court
Ashok Shikshan Sanstha, Amravati ... vs Education Officer (Secondary), ... on 13 October, 2022
Bench: S.B. Shukre, Anil Laxman Pansare
1
13-10-2022-wp3955-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.3955 of 2022
1. Ashok Shikshan Sanstha,
Ashok Nagar,
Tehsil Dhamangaon Railway,
District Amravati,
through its President
Mr. Sudhirkumar Narayanrao Shende,
Aged about 65,
Occupation: Agriculturist,
R/o Ashok Nagar,
Tah. Dhamangaon Railway,
District Amravati.
2. Mohan Sudhakar Hirode,
Aged about 29 years,
Occupation: Service,
R/o Watpur Post Loni,
Tah. Dhamangaon Rly.,
District Amravati. ... Petitioners
Versus
1. Education Officer (Secondary),
Zilla Parishad, Panchayt Samiti,
Bhatkari Area, Camp,
Amravati.
2. Deputy Director of Education,
Tope Nagar, Amravati Division,
Amravati.
3. Superintendent,
Salary and Provident Fund Department (Secondary),
Maltekdi Road, Tope Nagar,
Amravati. ... Respondents
Shri M.M. Agnihotri, Advocate for Petitioner.
Shri N.S. Rao, Assistant Government Pleader for
Respondent Nos.1 and 2.
None for Respondent No.3, though served.
2
13-10-2022-wp3955-2022.odt
CORAM : SUNIL B. SHUKRE & ANIL L. PANSARE, JJ.
DATE : 13th OCTOBER, 2022
ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of the learned counsel appearing for the parties.
2. The salary bills signed and forwarded by the President of the
petitioner No.1-Society- Shri Sudhirkumar Narayanrao Shende has not
been cleared by the respondent Nos.1 and 3 on the ground that the
Change Report in respect of the newly elected office bearers of the
petitioner No.1-Society, which is a Public Trust registered under the
provisions of the Maharashtra Public Trusts Act, 1950, is awaited.
3. The facts on record, however, show that Shri Sudhirkumar
Narayanrao Shende is the newly elected President and he was also the
President of the Society/Trust in Bhatkuli. This can be seen from the
copy of the extract of Public Trust Register filed on record at Page 24
by the petitioners. Then, there is also a view taken by the Division
Bench of this Court at Aurangabad in the case of Adarsh Vidyalaya
Shikshan Samiti Vs. State of Maharashtra and others, reported in
2015(4) Bom.C.R. 584, wherein, it is held, reiterating the view taken
by the Division Bench of that Court in the case of Janata Shikshan
Prasarak Mandal Vs. State of Maharashtra (Writ Petition No.6073 of
13-10-2022-wp3955-2022.odt
2005, decided on 22-9-2005) that since the submission on the Change
Report is a mere formality, till such time as orders are passed by the
competent authorities rejecting the Change Report, the newly elected
representatives cannot be prohibited from functioning and that merely
because the Change Report is pending, it is not the law that the old
body can be permitted to function on the ground that the Change
Report is pending consideration before the appropriate authority. This
view holds the field even today and, therefore, there was no reason for
the respondent Nos.3 to have sent back the salary bills of the
petitioner No.2 to the respondent No.1. Thus, the impugned
communications are bad in law, requiring interference from this Court.
4. The petition is, therefore, allowed. The impugned
communications dated 6-5-2022 issued by the respondent No.1 as well
as dated 11-6-2022 and 22-6-2022 issued by the respondent No.3 are
hereby quashed and set aside. The respondents are directed to clear
the salary bills of the petitioner No.2 in accordance with law and in the
light of the observations made hereinabove, as expeditiously as
possible and in any case within two weeks from the date of the receipt
of the order.
5. Rule in the above terms. No costs.
Digitally Signed By :P D
LANJEWAR
Signing Date:13.10.2022
19:25 (ANIL L. PANSARE, J.) (SUNIL B. SHUKRE, J.)
Lanjewar
