Mr. Kashinath Bhaurao Jopale vs The Education Officer (Secondary) ...
2023 Latest Caselaw 12977 Bom

Bombay High Court

Mr. Kashinath Bhaurao Jopale vs The Education Officer (Secondary) ... on 18 December, 2023

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

2023:BHC-AS:38231-DB



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION


                                          WRIT PETITION NO.11720 OF 2023

            Kashinath Bhaurao Jopale,                                           ]
            Age : 53 yrs., Occ.: Service,                                       ]
            R/at Devkisan Row House No.5,                                       ]
            Plot No.9-10, Om Nagar, Dasak,                                      ]
            Jail Road, Nashik Road, Nashik-422101.                              ] .. Petitioner
                           Versus
            1. The Education Officer (Secondary),                               ]
               Zilla Parishad, Nashik.                                          ]
            2. Chairman/Secretary,                                              ]
               Tarun Aikyamandal Panchavati, Nashik                             ]
            3. Headmaster,                                                      ]
               Shri Ram Vidyalay and Junior College,                            ]
               Panchavati, Nashik - 422 003.                                    ]
            4. Raghunath Rambhau Surse,                                         ]
               Age : 55 years, Occ. : Service,                                  ]
               Shri Ram Vidyalay and Junior College,                            ]
               Panchavati, Nashik - 422003.                                     ] .. Respondents


            Mr. Sanjeev Kumar B. Deore for the Petitioner.
            Mr. N.C. Walimbe, Addl. G.P., with Ms. A.A. Purav, AGP, for the Respondent-
            State.
            Mr. N.V. Bandiwadekar, Sr. Advocate, i/by Ms. Ashwini Bandiwadekar, for
            Respondent Nos.2 to 4.


                                                       CORAM : A.S. CHANDURKAR &
                                                                  FIRDOSH P. POONIWALLA, JJ

                                                       DATE     : 18TH DECEMBER, 2023.




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 ORAL JUDGMENT : { Per A.S. Chandurkar, J. }

1. RULE. Rule made returnable forthwith and, by consent, heard learned counsel for the parties. Mr. Walimbe, learned AGP waives notice for respondent no.1-State and Ms. Ashwini Bandiwadekar, learned Advocate waives notice for respondent nos.2 to 4.

2. The only relief sought by the petitioner is for adjudication of the complaint made by the petitioner under Rule 12(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, raising a grievance as regards his seniority vis-a-vis that of the 4 th respondent. The complaint in that regard has been made on 9 th May 2023 and the same is stated to be pending.

3. In these facts, the Writ Petition is disposed of by directing the 1 st respondent to decide the complaint dated 9 th May 2023 made by the petitioner under Rule 12(3) of the Rules of 1981. The complaint shall be decided after giving due opportunity of hearing to all concerned parties, who are likely to be affected by the adjudication of this complaint. Since the petitioner is to superannuate on 1st March 2024, the complaint be decided by 31 st January 2024 on its own merits and in accordance with law.

4. Rule is disposed of in the aforesaid terms.

[ FIRDOSH P. POONIWALLA, J. ] [ A.S. CHANDURKAR, J. ]

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