Citation : 2024 Latest Caselaw 7059 Bom
Judgement Date : 5 March, 2024
2024:BHC-AS:10740-DB
16 WP-2161-2022.doc
BDP-SPS-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARAT
DASHARATH
PANDIT
Digitally signed
CIVIL APPELLATE JURISDICTION
by BHARAT
DASHARATH
PANDIT
Date: 2024.03.06
10:38:05 +0530
WRIT PETITION NO. 2161 OF 2022
Shri Sant Tukaram Maharaj ]
Shikshan Sanstha, through Secretary ]
Mr. Vishnu Bhiku Tambe, Age 55, ]
Shrinagar Rahatani. ] ....Petitioner.
V/s
1] Smt. Rachna Ashokrao Sonawane ]
Adult, Occupation: Service, ]
R/at Morya Gosavi Raj Park, ]
Flat No. N-13, Keshawnagar, ]
Chinchwad, Pune - 411033 ]
]
2] Administrative Officer, ]
Pimpri Chinchwad Mun. School ]
Board, Pimpri Chinchwad Mun. ]
Corporation, Pune - 411 017. ]
]
3] The State of Maharashtra ]
Through the Principal Secretary ]
Education Department (Primary) ]
Mantralaya, Mumbai - 400 022 ]
]
4] The Education Officer (Primary) ]
ZP, Pune ] .... Respondents.
WITH
WRIT PETITION NO. 2079 OF 2022
Shri Sant Tukaram Maharaj ]
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16 WP-2161-2022.doc
Shikshan Sanstha, through Secretary ]
Mr. Vishnu Bhiku Tambe, Age 55, ]
Shrinagar Rahatani. ] ....Petitioner.
V/s
1] Shri Vasant Kisanrao Ghare ]
Adult, Occupation: Service, ]
r/at 88/4, Plot No.40, Gujrat Colony, ]
Kothrud, Pune 411 038. ]
]
2] Administrative Officer, ]
Pimpri Chinchwad Mun. School ]
Board, Pimpri Chinchwad Mun. ]
Corporation, Pune - 411 017. ]
]
3] The State of Maharashtra ]
Through the Principal Secretary ]
Education Department (Primary) ]
Mantralaya, Mumbai - 400 032 ]
]
4] The Education Officer (Primary) ]
ZP, Pune ] .... Respondents.
---
Mr. N.V. Bandiwadekar, Senior Advocate a/w Mr. B. S. Nayak for the
Petitioner in both the above Writ Petitions.
Ms. Kavita N. Solunke, AGP for Respondent No.3-State.
Mr. Pankaj Deokar for Respondent No.4 (ZP, Pune)
Mr. Shardul R. Diwan i/b Mr. Rahul S. Kadam for Respondent No.1.
Mr. Deepak R. More a/w Mr. S.A. Gawade for Respondent No.2-PCMC
---
CORAM: A.S. CHANDURKAR &
JITENDRA JAIN, JJ.
DATE: 5th MARCH, 2024
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16 WP-2161-2022.doc
ORAL JUDGMENT: (Per A. S. Chandurkar, J.)
1] Rule. Rule made returnable forthwith and heard learned Counsel
for the parties.
2] The services of Respondent No.1 in each writ petition came to be
terminated by the Petitioner-Management. Respondent No.1 in each
writ petition approached the School Tribunal which allowed the
appeals filed by them and directed their reinstatement with back-
wages. The order of the School Tribunal is the subject matter of
challenge in separate writ petitions preferred by the present Petitioner.
3] In these writ petitions, the Petitioner seeks a direction to be
issued to Respondent No.4 - Education Officer (Primary) to process the
salary bills that have been submitted to the said office pursuant to the
communication dated 23/12/2022. It is informed that the salary bills
have been further forwarded by the Administrative Officer to the
Education Officer (Primary).
4] In these facts, the following directions are issued :-
16 WP-2161-2022.doc
(i) The Respondent No.4 shall consider the salary bills of
Respondent No.1 as submitted by the Petitioner with
regard to payment of arrears of salary.
(ii) The aforesaid exercise be undertaken within 8
weeks from today after hearing the Petitioner as well as
Respondent No.1.
(iii) The Respondent No.4 shall assign reasons for its
decision and communicate the same to the respective
parties.
5] With the above directions, writ petitions are disposed of. Rule is made absolute accordingly. No costs.
[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.]
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