Bombay High Court
Shri. Dattatraya Shikshan ... vs Dinkar Sitaram Jadhav And Others on 28 February, 2023
Bench: Avinash G. Gharote
(1) 909wp2778.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 2778 OF 2019
Dattatraya Shikshan Sanstha and anr__ Vs. __Dinkar Sitaram Jadhav and ors
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. S.S.Deshpande, Advocate for petitioner
Mr. G.G.Mishra, Advocate for respondent No.1
Mrs. M.A.Barabde, AGP for respondent Nos. 2 & 3/State.
[
CORAM : AVINASH G. GHAROTE, J.
DATE : 28/02/2023
1] Heard Mr. Deshpande, learned counsel for
the petitioner and Mr. Mishra, learned counsel for
respondent no.1, learned AGP for respondent nos. 2 & 3.
2] The petition challenges the judgment dated
7.3.2019 passed by the learned School Tribunal (pg. 85)
whereby the respondent no.1 is held entitled to 50% of
the back-wages from the date of his termination i.e.
20.6.2005 to the date of reinstatement i.e. 20.6.2015.
The judgment further permits the management to
request the Education Officer for reimbursement of the
amount and in case the management fails to comply with
the said direction of payment, the respondent no.3 is
directed to deduct the said amount from the grant due
and payable to the respondent no.1 management and
pay the back salary amount to the appellant.
(2) 909wp2778.19
3] In so far as the direction to pay the arrears
of salary for the aforesaid period, Mr. Deshpande,
learned counsel for the petitioner submits that the salary
was not paid on account of non- approval by the
respondent no.3 and therefore, the Management be
absolved of the responsibility. He further submits that the
direction to pay back salary was not justified, as the
Respondent no.1/appellant had not tendered any
services for the aforesaid duration.
4] So far as the entitlement is concerned, the
termination of the respondent no.1 has been set aside
which has become final. The respondent no.1 has
thereafter been reinstated. The only question involved is
regarding the quantum of back-wages awarded. The
respondent no.1 in his submission has categorically made
a statement that during the period of his termination and
reinstatement, he was not gainfully employed. Once that
statement is there, the burden is upon the management
to show that the position was otherwise.
5] It is not disputed by Mr. Deshpande, learned
counsel for the petitioner that there is no material on
record brought by the management to indicate the
gainful employment of the respondent No.1 during the
aforesaid period. The position would therefore be
covered by the judgment of the Hon'ble Apex Court in
Armed Forces Ex Officers Multi Services Co.Op Society
(3) 909wp2778.19
vrs. Rashitriya Mazdoor Sangh, (2022) 9 SCC 586, in
view of which, I do not see any reason to disturb the
findings of the learned School Tribunal, in this regard.
6] In so far as the plea that the liability to pay
the back-wages was that of the respondent No.3 is
concerned, the ld School Tribunal in para 12 to 14 has
considered the conduct of the management in the matter
of pressuring the respondent no.1 in giving an
undertaking that the respondent no.1 would not claim
backwages in case he is reinstated, after considering
which the claim for back-wages has been awarded and
therefore, I do not see any reason to interfere in the
findings rendered by the School Tribunal.
7] The amount deposited in this Court along
with accrued interest, if any, be paid over to respondent
no.1 which shall be deducted from the entire back-wages
due and payable to the respondent no.1.
[
8] Petition is dismissed. No costs.
JUDGE
Rvjalit
Digitally sign byRAJESH
VASANTRAO JALIT
Location:
Signing Date:28.02.2023 18:57
