Sudhir Shikshan Sanstha, Nagpur ... vs Ku. Alka Sheshrao Bhende, (Sau. ...
2023 Latest Caselaw 2285 Bom

                                                        1                               60.WP.491-2023.odt




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

                             WRIT PETITION NO. 491 OF 2023
             ( Sudhir Shikshan Sanstha, Thr. Its Secretary & Anr.
                                    Vs.
         Ku. Alka Sheshrao Bhende (Sau. Alka Arun Shahane) & Anr. )

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


                                  Mr. C.A. Mohgaonkar, Advocate for the Petitioners.
                                  Mr. M.A. Vishnu, Advocate for the Respondent No.1.
                                  Ms. Tajwar Khan, AGP for the Respondent No.2/State.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 9th MARCH, 2023

Heard Mr. Mohgaonkar, learned counsel for the petitioners, Mr. Vishnu, learned counsel for the respondent No.1 and Ms. Khan, learned AGP for the respondent No.2/State.

2. The petition questions the judgment dated 23.11.2022 passed by the learned School Tribunal, Nagpur, whereby the application for condonation of delay of 34 months, has been allowed by the learned School Tribunal on the ground that under the bonafide mistaken impression, the respondents have approached the wrong forum i.e., the Education Officer and Deputy Director of Education, to ventilate their grievance of an otherwise termination, who had no jurisdiction authority in the matter. The matter has ultimately landed before 2 60.WP.491-2023.odt

the learned School Tribunal, Nagpur under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, which is the correct forum. The condonation of delay of 34 months is being questioned by Mr. Mohgaonkar, learned counsel for the petitioners, on the ground that there is no explanation of sufficient cause being made out by the respondents for the delay.

3. The very fact that the respondents, had sought to ventilate their grievance before the wrong forum can be a ground which could be considered sufficient for condoning the delay. The parameters for condonation of delay has been considered by the Hon'ble Apex court in the case of Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy & Ors.(2013) 12 SCC 649, which indicates, that the question of delay has to be considered on the basis of a liberal approach as a party ought not to be deprived the right to ventilate his grievance before a legal forum, on account of delay. Since it is also contended, that the delay could not have been condoned without compensating the petitioners, it would be appropriate if some compensation would be awarded, considering which, Mr. Vishnu, learned counsel appearing for the respondent No.1, expresses his willingness to pay a cost of Rs. 5,000/- (Rs. Five Thousand Only) to the petitioners to compensate for the delay. Accepting which position, the Petition is dismissed.

4. The costs of Rs. 5,000/- (Rs. Five Thousand 3 60.WP.491-2023.odt

Only) shall be tendered by the respondent No.1 to the petitioners within a period of one week from today.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:10.03.2023 14:50