Mrs. Madhusmita Madhukar Mestri vs The Secretary, Guruvarya V. S. ...
2022 Latest Caselaw 9457 Bom

                                                                                    23-wp-4999-2021.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 4999 OF 2021

                     Mrs. Madhusmita Madhukar Mestri                        ...Petitioner
                           V/s.
                     The Secretary, Guruvarya V. S. Khandekar,
                     Vidya Partisthan, Shiroda and Ors.                     ...Respondents
                                                         ----

                     Mr. M. S. Topkar a/w. Mr. Manesh Pavitra, for the Petitioner.
                     Mr. P. G. Sabnis i/b.R. J. Dhond, for the Respondent Nos.1 to 3.
                     Mr. S. D. Rayrikar, AGP for the Respondent No.4 / State.

                                                         ----

                                                       CORAM : C.V. BHADANG, J.

Digitally signed by MAMTA DATE : 19 SEPTEMBER 2022 MAMTA AMAR AMAR KALE KALE Date:

2022.09.19 17:36:39 +0530 P.C.

. Heard learned counsel for the parties for some time.

2. The Petitioner was terminated in the year 2000. The Petitioner approached the School Tribunal and the School Tribunal by a judgment and order dated 31 August 2005, allowed the appeal and directed the Respondents to reinstate the Petitioner to her original post and to pay her full backwages. The Petitioner was eventually reinstated and has retired from service on 31 August 2019. The Petitioner is yet to receive her pension and therefore, she approached the School Tribunal under Section 13 of the Maharashtra Employees of Private Schools (Conditions

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of Service) Regulation Act, 1977 for implementation of the judgment and order passed by the School Tribunal which was styled as Contempt Petition No.8/2020. The School Tribunal by the impugned order dated 8 February 2021 has dismissed the petition on the ground of limitation.

3. The learned counsel for the Petitioner pointed out the exchange of correspondence in which the Education Officer has asked the Management to do the needful while the Management is claiming that it is for the Education Officer to pass necessary orders.

4. Upon hearing the learned counsel for the parties, I find that the School Tribunal had passed an order to reinstate the Petitioner with backwages and continuity of service, which order has attained finality and is binding on both Management and the Respondent - Education Officer.

5. The learned counsel for the Respondent Nos.1 to 3 as well as learned AGP for the Respondent No.4 seeks time to take instructions.

6. In such circumstances, stand over to 3 October 2022, for 'Direction'.

C.V. BHADANG, J.

Mamta Kale                                  page 2 of 2