Bombay High Court
Marathwada Shikshan Sanstha vs Taterao Apparao Deshmukh And Ors on 12 December, 2023
2023:BHC-AUG:26903
1 wp 7460.2007+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7460 OF 2007
. Marathwada Shikshan Sanstha
Nanded, through it's President
Dr. Janardhan S/o Ganpatrao Wadekar,
Age 75 years, Occu: Medical Practioner,
R/o Shivaji Chowk, Nanded .. Petitioner
Versus
1. Taterao S/o Apparao Deshmukh,
Age 56 years, Occu: Not known,
R/o Manjula Nivas, Freedom Fighter's Colony,
Near Pournima Nagar, Nanded, Dist. Nanded
2. The Education Officer, (Secondary)
Zilla Parishad Nanded
3. The Deputy Director of Education,
Latur Division Latur
4. Dr. Suresh S/o Govindrao Sawant,
Head Master of Rajarshi Shahu Vidyalaya,
Vasant Nagar, Nanded .. Respondents
...
Advocate for Petitioner : Mr. Sunil V Warad, ,
AGP for Respondent / State: Mrs. M. L. Sangit
Advocate for Respondent No.1:
Mr. Eknath G. Irale & Mr. R. D. Biradar
Advocate for Respondent No.4: Mr Ram B. Deshpande
...
WITH
...
WRIT PETITION NO. 6712 OF 2009
. Marathwada Shikshan Sanstha, Nanded
Through its President
Dr. Janardhan Ganpatrao Wadekar,
Age 78 years, Occu: Pensioner,
R/o Vazirabad, Nanded .. Petitioner
2 wp 7460.2007+
Versus
1. Taterao s/o Apparao Deshmukh,
Age 57 years, Occu: Service,
R/o Manjula Niwas, Freedom Fighters Colony,
Near Pournima Nagar, Nanded, Dist. Nanded
2. The Education Officer (Secondary)
Zilla Parishad, Nanded .. Respondents
...
Advocate for Petitioner: Mr. Warad Sunil V.
Advocate for Respondent No.1: Mr. Eknath G. Irale &
Mr. R. D. Biradar
AGP for Respondent / State: Mrs. M. L. Sangit
...
WITH
...
WRIT PETITION NO. 7687 OF 2009
. Marathwada Shikshan Sanstha, Nanded
Through its President
Dr. Janardhan Ganpatrao Wadekar,
Age 78 years, Occu: Pensioner,
R/o Vazirabad, Nanded .. Petitioner
Versus
1. Taterao s/o Apparao Deshmukh,
Age 57 years, Occu: Service,
R/o Manjula Niwas, Freedom Fighters Colony,
Near Pournima Nagar, Nanded, Dist. Nanded
2. The Education Officer (Secondary)
Zilla Parishad, Nanded
3. Suresh s/o Govindrao Sawant,
Age 49 years, Occu.: Service,
Rajarshi Shahu Vidyalaya,
Vasant Nagar, Nanded .. Respondents
...
Advocate for Petitioner: Mr. Warad Sunil V.
Advocate for Respondent No.1:
Mr. Eknath G. Irale & Mr. R. D. Biradar
3 wp 7460.2007+
AGP for Respondent / State: Mrs. M. L. Sangit
Advocate for Respondent No.3: Mr Ram B. Deshpande
...
WITH
...
WRIT PETITION NO. 1395 OF 2010
. Dr. Suresh S/o Govindrao Sawant,
Age 49 year, Occu. Service - Head
Master, Rajarshi Shahu Vidyalaya,
Vasant Nagar, Nanded .. Petitioner
(Ori. Respondent No.4)
Versus
1. Taterao S/o Apparao Deshmukh,
Age 57 year, Occu. Service, R/o
Manjula Niwas, Freedom Fighter
Colony, Near Pournima Nagar,
Nanded
2. Marathwada Shikshan Sanstha,
Through its President,
Dr. Janardhan Ganpatrao Wadekar,
Age 78 year, Occu. Pensioner,
R/o Vazirabad, Nanded
3. The Education Officer, (Secondary)
Zilla Parishad, Nanded .. Respondents
(No.1 - Ori. Appellant, No.2
& 3 - Ori. Respondent nos.1
& 3)
...
Advocate for Petitioner: Mr. Deshpande Ram B.
Advocate for Respondent No.1:
Mr. Eknath G. Irale & Mr. R. D. Biradar
Advocate for Respondent No.2: Mr. S. V. Warad
AGP for Respondent / State: Mrs. M. L. Sangit
...
CORAM : ARUN R. PEDNEKER, J.
DATE : 12th DECEMBER, 2023
4 wp 7460.2007+
ORAL JUDGMENT:
1. Heard all the petitions together.
2. In Writ Petition No.6712 of 2009 arises out
of interlocutory order of the tribunal, whereby the
termination of Mr. Taterao Apparao Deshmukh (Mr. T.
A. Deshmukh) was challenged by Mr. T. A. Deshmukh.
Writ Petition No.6712 of 2009 is filed by the
Management challenging the preliminary issue of
maintainability of the appeal which was framed and
was held against the Management. The interim order of
the tribunal having merged with the final order of
the tribunal, the Writ Petition No.6712 of 2009 does
not survive for consideration and is disposed of
accordingly.
3. Writ Petition No.7460 of 2007 is filed by
the Management and it arises out of appeal no.60 of
2006, wherein the appeal filed by the employee - Mr.
Taterao Apparao Deshmukh, who was terminated from the
service from the post of In-charge Headmaster was
allowed. The said appeal filed by the employee was
allowed and that Mr. T. A. Deshmukh was directed to
be reinstated in service on the post of In-charge
5 wp 7460.2007+
Headmaster. The management challenged the order
passed by the school tribunal in Writ Petition
No.7460 of 2007, wherein the following interim order
was passed dated 21.07.2008 as under:-
"1. ...
2. ...
3. Order impugned in this petition is
passed by the Presiding Officer, School
Tribunal, Latur on 31-10-2007, whereby
appeal presented by respondent no.1 herein
raising challenge to the order of his
termination dt. 23-12-2004 came to be
allowed and the order of termination is
quashed and set aside. However, the learned
Presiding Officer of the tribunal has
directed the institution to reinstate
respondent no.1 against the post of
'incharge Headmaster' alongwith
consequential benefits. Challenge raised by
the employee is in respect of termination of
his services. It was alleged that the
management without following the procedure
prescribed under the rules has dispensed
with services of employee. It is contention
of the employee / respondent no.1 herein
that while his services were brought to an
end, he was officiating as Headmaster and as
such he is entitled to be reinstated as
Incharge Headmaster. It is to be noted that
if a person is directed to officiate the
post of Headmaster, it cannot be said that
he has been regularly promoted to the said
post. Order directing reinstatement of
6 wp 7460.2007+
employee as 'incharge Headmaster' prima
facie, is not sustainable.
4. Employee / respondent no.1 herein had
approached this court by presenting Writ
Petition No.3492/04 requesting the court to
issue a writ directing the management to
promote him to the post of Headmaster.
Request was also made in the said petition
to direct the officials of Education
department to grant approval to promotion as
Headmaster after submission of such proposal
in the event of issuance of the directions
contained in prayer clause 'B'. Writ
Petition came up for hearing before this
court and this court by order dt. 3-2-2006
rejected the same. It was brought to the
notice of the court that services of teacher
/ respondent no.1 herein have been dispensed
with. It was also brought to notice that
remedy in the matter of promotion is
provided under section 9 of the Maharashtra
Employees of Private Schools Act which is
required to be resorted to. It also
transpires from record that another employee
has been regularly appointed to the post of
Headmaster and his services have been
approved by the Education Officer, however,
subject to result of appeal which was
presented by respondent no.1 herein before
the school tribunal.
5. Considering all these relevant aspects
and considering the fact that holding of
post of 'incharge Headmaster' does not in
any way create entitlement in the employee
to seek reinstatement as 'incharge
Headmaster', if at all respondent no.1 has
any grievance in respect of his
7 wp 7460.2007+
supersession, he may resort to the remedy
available in law and agitate his grievance
before the appropriate forum. Direction
contained in the impugned order to reinstate
respondent no.1 as 'Incharge Headmaster' is
not sustainable and, therefore, the impugned
order is required to be stayed to the extent
of direction contained in para no. 3 of the
order directing the management to reinstate
respondent no.1 as 'incharge Headmaster'.
Impugned order is stayed to the extent
specified above. Payment of backwages would
be subject to decision that would be
rendered in the matter."
4. A detailed interim order dated 21.07.2008
was passed by this court indicating that the employee
cannot be reinstated in service on the post of In-
charge Headmaster as the employee was not regularly
promoted to the post and, as such, to that extent,
the direction of the tribunal was stayed.
5. The learned counsel appearing for the
employee - Mr. T. A. Deshmukh submits that he would
have no objection that if he is reinstated back on
the post of Assistant Teacher on the basis of which
being the seniormost person he was holding the post
of In-charge Headmaster.
8 wp 7460.2007+
6. The learned counsel counsel appearing for
the employee, on instructions of his client, who is
present in the court submits that the order be
modified to the extent that he being appointed to the
post of Assistant Teacher with all consequential
benefits in terms of the order dated 31.10.2007.
7. Mrs. M. L. Sangit, learned AGP submits that
she is supporting the judgment of the school tribunal
and that final order passed by the school tribunal be
maintained.
8. In view of the submissions of the employee,
clause 3 of the order dated 31.10.2007, passed by the
School Tribunal, Latur is modified to the extent that
the respondents no.1 and 2 are hereby directed to
reinstate the appellant - Mr. T. A. Deshmukh, on the
post of Assistant Teacher. With the above
modification keeping the entire remaining order as it
is, the order passed by the school tribunal stands
confirmed. Remaining part of the order remains
intact. In view of the same, Writ Petition No.7460 of
2007 is accordingly disposed of.
9 wp 7460.2007+
9. Writ Petition No.7687 of 2009:- In view of
the submission made by the learned employee - Mr. T.
A. Deshmukh in Writ Petition No.7460 of 2007, the
Writ Petition No.7687 of 2009 can be disposed of by
setting aside the impugned order dated 09.10.2009 and
by passing appropriate orders. Writ Petition No.7687
of 2009 is filed challenging the order passed by the
tribunal dated 09.10.2009, wherein the tribunal in
appeal no.3 of 2009 has held that the order dated
23.12.2004 of promotion of Mr. Suresh Govindrao
Sawant (Mr. S. G. Sawant) on the post of respondent
no.2 school issued by respondent no.1 i.e. the
management superseding the right of the appellant is
declared illegal and it is quashed and set aside. The
said order was made subject to the decision in the
writ petition No.7460 of 2007.
10. In view of the employee - Mr. T. A.
Deshmukh, in Writ Petition No.7460 of 2007 accepting
the post of the Assistant Teacher, the present Writ
Petition No.7687 of 2009 is disposed of by upholding
the order dated 23.12.2004 of promotion of Mr. S. G.
Sawant.
10 wp 7460.2007+
11. In view of disposal of Writ Petition No.7460
of 2007 and Writ Petition No.7687 of 2009, Mr. T. A.
Deshmukh would be entitled to all the consequential
benefits as Assistant Teacher and the benefits to the
post of Assistant Teacher with effect from his date
of termination considering his seniority.
12. Mr. T. A. Deshmukh would be entitled to the
backwages on the post of Assistant Teacher from
23.12.2004 to 28.02.2009 (date of superannuation).
13. In the event, the management failed to pay
within fourty (40) days, the Education Officer is
directed to make the payment, however, the Education
Officer will be entitled to withhold the grants of
the respondent - school and pay it directly to the
appellant from the amount of arrears of salary.
14. Writ Petition No.1395 of 2010 challenges the
same order as in Writ Petition No.7687 of 2009. As
such, no further order is required and the same order
is applicable in Writ Petition No.1395 of 2010. The
Writ Petition No.1395 of 2010 stands disposed of.
11 wp 7460.2007+
15. Respondent No.3 to act in accordance with
the order passed subject to the modification as
above.
16. All the exercise to be done within three
(03) months.
17. Rule is made partly absolute / discharged in
above terms in respective matters accordingly.
18. All the writ petitions stand disposed of
accordingly.
[ARUN R. PEDNEKER, J.]
marathe
