Kamalprasad Dhanraj Barve vs State Of Mah., Through Secretary ...
2023 Latest Caselaw 155 Bom

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

                     WRIT PETITION NO. 781/2015

     Kamalprasad Dhanraj Barve,
     Aged about 41 years, Occu.: Service,
     R/o. New Laxmi Nagar, Manoharbhai Ward,
     Hanuman Mandir Galli, Near Khan Coolers,
     Gondia, Tq. & Distt. Gondia.                   PETITIONER

            VERSUS

1.   State of Maharashtra
     Through Secretary to :
1-a Ministry of Higher Education Department,
    Mantralaya, Mumbai - 32.
1-b Ministry of Secondary Education Department,
    Mantralaya, Mumbai - 32.

1-c Ministry of Primary Education Department,
    Mantralaya, Mumbai - 32.
2.   Director of Education,
     Maharashtra State, Pune.

3.   Deputy Director of Education,
     Nagpur Region, Nagpur.

4.   Education Officer (Secondary),
     Zilla Parishad, Gondia.

5.   Sant Tukaram High School
     through its Headmaster,
     T.B. Toly, Gondia.

6.   Sanjay Gandhi High School,
     through its Headmaster,
     Tedha, Tq. Goregaon, Distt. Gondia.            RESPONDENTS

Mr. R. L. Khapare, Senior Advocate with Mr. Pushkar Deshpande, Advocate for
Petitioner.
Ms S. Jachak, Assistant Government Pleader for Respondent Nos.1, 1-a, 1-b,
2 to 4.
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      CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : JANUARY 05, 2023

ORAL JUDGMENT (PER : A. S. CHANDURKAR, J.)

1. The petitioner came to be appointed on the post of Laboratory

Attendant at the respondent No.5 - School on 05.05.1983. His

appointment was approved by the Education Officer (Secondary) on

20.01.1985. The petitioner came to be promoted on the post of Laboratory

Assistant with effect from 01.09.2013. He was placed in the pay scale of

Rs.5200 -20200 Grade pay Rs. 2000. By an order dated 10.07.2014, the

petitioner's services came to be treated as surplus and hence, he was

directed to be absorbed at Sanjay Gandhi High School - respondent No.6.

The Education Officer (Primary) on 11.07.2014 issued a notice in which it

is stated that the matter with regard to promotion of the petitioner would

be heard on 14.07.2014. On that day, the parties were heard and by the

communication dated 01.08.2014, it was held that since the strength of

the students in the academic year 2013-14 was below 500 the approval

granted earlier was being withdrawn. His services were thereafter

absorbed on the post of Laboratory Assistant. Being aggrieved the said

order has been challenged in the present Writ Petition. In addition, the

petitioner has also challenged Government Circular dated 23.10.2013

since it is the case of the petitioner that the impugned order has been

passed in the light of said Circular.

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2. During pendency of the Writ Petition the strength of the

students increased in the year 2018-19. The Education Officer

(Secondary) therefore on 17.12.2019 passed an order protecting the pay

of the petitioner from 01.08.2019 and placing him on the post of Junior

Clerk. It is noted that in view of the interim order passed on 10.08.2015,

the petitioner continued discharging duties at the respondent No.6 -

School. The only question now to be considered is whether the effect of

protection of his pay is to be given from 01.08.2019 or whether it should

be from 01.08.2014 when the impugned order came to be passed.

3. We find that though on 01.08.2014, there was a direction to

post the petitioner as Laboratory Attendant, the same was stayed by this

Court on 10.08.2015. As a consequence, in view of the interim order, the

petitioner continued discharging his duties as earlier. Thus, from passing

of the impugned order till date, the petitioner continued to work as

Laboratory Assistant. Hence, the pay protection that has been granted

from 01.08.2019 would be required to be granted from 01.08.2014 in the

light of the interim order passed in the Writ Petition. It is not disputed

that the strength of students has presently increased and the petitioner

continues to work even today as Junior Clerk. Hence, for the aforesaid

reasons, the order dated 17.12.2019 passed by the Education Officer

(Secondary) is partly modified. The pay protection granted to the

petitioner from 01.08.2019 would now be admissible from 01.08.2014. In 4/4 221.781.15-J.odt

view of this position, it is not necessary to consider the challenge to the

Circular dated 23.10.2013.

4. Rule is made absolute in the aforesaid terms. No costs.

(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

RGurnule .

Digitally signed byRANJANA MANOJ MANDADE Signing Date:07.01.2023 14:47