Chandrashekhar Shamrao Rahangdale vs Presiding Officer, School Tribunal, ...
2023 Latest Caselaw 12612 Bom

Bombay High Court

Chandrashekhar Shamrao Rahangdale vs Presiding Officer, School Tribunal, ... on 12 December, 2023

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

                                                                 1                    52-4574-23.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR

                                   WRIT PETITION NO. 4574/2023

     Chandrashekhar Shamrao Rahangdale Vs. Presiding Officer, School
                      Tribunal, Nagpur and others

Office Notes, Office Memoranda                         Court's or Judge's orders
of Coram, Appearances, Court's
orders     or     directions and
Registrar's orders

                                   Mr. R.S. Parsodkar, Advocate for petitioner
                                   Mr. U.R. Phasate, AGP for Respondent / State
                                   Mr. A.C. Dharmadhikari, Adv. for Respondent No.2


                                   CORAM:        AVINASH G. GHAROTE, J.

DATED : 12th DECEMBER, 2023

Heard learned counsel for the parties.

2. By way of an ad-interim order dated 24/7/2023, the effect and operation of the impugned order has been stayed, which has been continued from time to time. It is however noticed that this Court in Writ Petition No.7577/2022 decided on 13/3/2023, in its judgment para 12 had specifically permitted the petitioner to continue in service in view of his undertaking that he will not claim any salary from 3rd October, 2022 either from the Education Officer or from the management, unless he succeeds before the School Tribunal. It is also not in dispute that the appeal filed by the petitioner before the School Tribunal bearing Appeal No.25/2022 has been dismissed by the School Tribunal by the judgment 2 52-4574-23.odt

dated 13th July, 2023. In that view of the matter, the entitlement of the petitioner to receive any salary would not arise considering the undertaking as recorded in Writ Petition No.7577/2022. It appears that by taking advantage of the interim order of this Court dated 24th July, 2023 the petitioner, who at the time was incharge Headmaster has submitted salary bills to the Education Officer, which have been approved, in pursuance to which the petitioner has received salary. The entire amount of the salary, which the petitioner has received shall be redeposited by him in this Court by 15th December, 2023.

3. Para 5 of the ad-interim order of this Court shall stand modified to indicate that because of it, the petitioner would not be entitled to receive salary. Whether to continue to work or not would be the choice of the petitioner in view of the undertaking as recorded by this Court in para 12 of the judgment in Writ Petition No. 7577/2022 (page 214).

4. List on 18th December 2023, in case the salary amount is not deposited by 15th December, 2023 for further orders.

(AVINASH G. GHAROTE, J.) MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 12/12/2023 18:15:13