Bombay High Court
Dr. Babasaheb Ambedkar Smarak ... vs Haribhau Bhilsingh Pawar And ... on 18 April, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3331 OF 2021
Petitioners : Dr. Babasaheb Ambedkar Smarak Samiti and another
-Vs.-
Respondents : Haribhau Bhilsingh Pawar and others
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Mr. N.R.Saboo, counsel for the petitioners.
Mr. V.K.Paliwal, counsel for respondent No.1.
Mr. N.R.Patil, AGP for respondent Nos.2 and 3.
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CORAM : A.S. CHANDURKAR &
M.W.CHANDWANI, JJ.
DATE : 18TH APRIL, 2023
P.C.
The respondent No.1 was engaged at the petitioner No.2-School as
an Assistant Teacher. The services of the respondent No.1 came to be
terminated on 05/05/2015, after holding an enquiry. The respondent No.1
challenged the order before the School Tribunal by filing an appeal under
Section 9 of the Maharashtra Employees of Private Schools (Conditions of
Service) Regulation Act, 1977. The School Tribunal on 18/07/2019,
set aside the order of termination and granted liberty to the petitioners to
hold the de novo enquiry by treating the respondent No.1 to be under
suspension. One of the conditions was that on failure to pay the amount of
subsistence allowance within three months, the respondent No.1 would be
deemed to be reinstated in service. The record indicates that the said
compliance was not made and hence direction No.7 of the order passed by
the School Tribunal has since operated.
2. By this writ petition, the challenge is raised to the communication
dated 28/10/2020 issued by the Education Officer (Secondary) directing the
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petitioners to pay arrears of back wages till the reinstatement of the
respondent No.1. By amending the writ petition, another order dated
19/01/2023 passed by the Education Officer (Secondary) has been
challenged.
3. After hearing the learned counsel for the parties, we find that the
School Tribunal in it's judgment dated 18/07/2019, has saddled the liability
to pay subsistence allowance on the petitioners. The consequential order as
per direction No.7 also saddled liability on the petitioners. The said order
has since attained finality and therefore, the Education Officer (Secondary)
has rightly observed on 28/10/2020 that the petitioners can submit regular
salary bills from 05/10/2020, which is the date on which the respondent
No.1 was reinstated. For the earlier period, the liability to pay was of the
petitioners. For that reason no fault can be found with the communication
dated 28/10/2020.
4. Insofar as the subsequent order dated 19/01/2023 is concerned, the
petitioners had approached the Deputy Director of Education by making a
representation dated 14/02/2023 and it is stated that the said representation
is under consideration. Since such representation has been made to the
Deputy Director of Education, it is not necessary to entertain challenge to the
order dated 19/01/2023.
5. In view of above, the writ petition is disposed of by directing the
respondent No.3-Deputy Director of Education to consider the representation
dated 14/02/2023 and take a decision thereon after hearing the petitioners
and the respondent No.1. Such decision be taken within a period of four
weeks of receiving copy of the order. The decision taken be communicated to
the parties.
6. With these directions, the writ petition is disposed of. No costs.
(M.W.CHANDWANI, J) (A.S.CHANDURKAR, J)
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