Bombay High Court
The Head Master Nizampur High School And ... vs The Education Officer Secondary And Ors on 24 April, 2025
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
BHARAT
2025:BHC-AS:19573-DB
DASHARATH
PANDIT
904. WP 3735-23 and WP 12112-17.doc
Digitally signed by
BHARAT
DASHARATH PANDIT
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2025.04.30 CIVIL APPELLATE JURISDICTION
11:09:37 +0530
WRIT PETITION NO. 3735 OF 2023
1. The Head Master )
Nizampur High School )
Nizampur, Tal : Sangola, )
District: Solapur )
)
2. Raje Sambhaji Shikshan Va Krida )
Prasarak Mandal, Nizampur, )
Through its President )
Tal: Sangola, Dist. Solapur ) ... Petitioners
V/s
1. The Education Officer, )
(Secondary) Zilla Parishad )
Solapur at Solapur. )
2. Deputy Secretary )
Maharashtra State Commission )
For Women Grihanirman Bhawan )
(MHADA), Kala Nagar, Bandra (E) )
Mumbai. )
)
3. Meenakshi Sahebrao Patil )
Age 50 years, Occ: Service )
R/o. Datta Nagar, Sangola Tal: Sangola )
Dist. Solapur )
)
4. The State of Maharashtra )
Through School Education and Sports )
Department, Mantralaya, Mumbai-400032 ) ....Respondents.
WITH
WRIT PETITION NO.12112 OF 2017
Meenakshi Sahebrao Patil )
Age: 45 years, Occ: Teacher, )
R/o: Dattanagar, Taluka Sangola, )
District Solapur. ) ...Petitioner.
BDP-SPS 1
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904. WP 3735-23 and WP 12112-17.doc
Versus
1. The President, )
Raje Sambhaji Shikshan and )
Krida Prasarak Mandal, Nizampur )
Tal. Sangola, District: Solapur )
2. The Head Master, )
Nizampur High School, Nizampur, )
Tal. Sangola, District Solapur )
3. The Education Officer (Secondary), )
Zilla Parishad, Solapur, having office )
at Zilla Parishad Compound, Solapur )
4. State of Maharashtra )
Through Secretary, School, Education and )
Sports Department, Mantralaya )
Mumbai - 400032 ) .... Respondents
****
Mr. Anant Vadgaonkar, Advocate for the petitioner in Writ Petition No.3735
of 2023 and for the respondent nos. 1 and 2 in Writ Petition No.12112 of
2017.
Mr. Shrirang Katneshwarkar a/w Mr. Vivek Chauhan, Advocates for the
petitioner in Writ Petition No.12112 of 2017, for the applicant in Civil
Application No.1844 of 2018 and for the respondent no.3 in the Writ
Petition No.3735 of 2023.
Mr. N.C. Walimbe, Additional Government Pleader a/w Mr. S.B. Kalel,
Assistant Government Pleader for respondent nos. 1 and 4 in Writ Petition
No.3735 of 2023.
Mr. S.P. Kamble, Assistant Government Pleader for the respondent nos. 3 and
4.
****
CORAM : A. S. CHANDURKAR &
M. M. SATHAYE, JJ.
DATED : 24th APRIL 2025
BDP-SPS 2
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904. WP 3735-23 and WP 12112-17.doc
ORAL JUDGMENT (Per A. S. CHANDURKAR, J):
1. Rule. Rule made returnable forthwith. Heard finally by the consent of
learned Counsel for the parties.
2. In Writ Petition No. 12112 of 2017, a challenge is raised to the
communication dated 31/10/2017 issued by the Education Officer
(Secondary), Zilla Parishad, Solapur by which the services of various
Assistant Teachers were declared as surplus. The petitioner in Writ Petition
No.12112 of 2017 is shown at serial no. 49 of the said list. While issuing
notice in the Writ Petitions, this Court on 10/11/2017 granted ad-interim
relief and directed the parties to maintain status quo.
3. Today, the learned Additional Government Pleader on instructions
from the concerned Education Officer (Secondary), submits that the
petitioner is still working as Assistant Teacher at the Respondent No. 2 -
School on a sanctioned post. He therefore submits that as of today the
petitioner cannot be treated to be surplus at the School. He further submits
that if the services of the petitioner are continued at the same school, she
would continue to receive her regular salary. The communication dated
07/04/2025 issued by the Education Officer (Secondary) Zilla Parishad,
Solapur to that effect is taken on record and marked "A" for identification.
4. In view of this stand of the Education Officer which is accepted, it is
declared that the impugned communication dated 31/10/2017 by which the
services of the petitioner were treated as surplus, would not operate as
against the present petitioner. Needless to state that the petitioner would
continue to serve as Assistant Teacher at the Respondent No. 2-School and
would also continue to receive her regular salary. The Education Officer
904. WP 3735-23 and WP 12112-17.doc
(Secondary) shall accordingly issue a consequential order of repatriation of
the petitioner.
5] Writ Petition No.3735 of 2023 has been preferred by the
Headmaster, Nizampur High School as well as the Public Trust that runs the
aforesaid School. According to the petitioners, the respondent no.3 who is
the petitioner in Writ Petition No.12112 of 2017 had made various
grievances with regard to the treatment meted out to her while discharging
duties as Assistant Teacher. She therefore filed a complaint before the
Maharashtra State Commission for Women. Cognizance of the said
complaint was taken and the Education Officer (Secondary) on 21/12/2022
called upon the Headmaster of the School to take steps to redress the
grievances of the said Assistant Teacher and thereafter report compliance.
Since the Education Officer was of the view that appropriate steps were not
taken by the Headmaster, a communication dated 30/01/2024 was issued by
the Education Officer (Secondary) to the Superintendent, Pay Unit, Solapur
to stop the salary of the Headmaster until necessary compliance was made.
The communications dated 21/12/2022 and 30/01/2024 issued by the
Education Officer (Secondary) in that regard are challenged in this writ
petition.
6] During pendency of the present proceedings, it was found that
according to the Education Officer (Secondary), services of the petitioner in
Writ Petition No.12112 of 2017 were not now liable to be declared as
surplus. The learned counsel for the said Assistant Teacher on instructions
made a statement that the said petitioner would seek withdrawal of the
complaint made by her before the Maharashtra State Commission for
Women. Today, the learned counsel has tendered a copy of the
communication dated 20/04/2025 addressed to the Maharashtra State
904. WP 3735-23 and WP 12112-17.doc
Commission for Women that she did not desire to pursue the aforesaid
complaint. The said communication is stated to have been sent to the
Commission by speed post on 23/04/2025. The said communication dated
20/04/2025 with the postal receipt is taken on record and marked "B" for
identification.
7] We therefore find that when the services of the petitioner in Writ
Petition No.12112 of 2017 being found not to be surplus coupled with
withdrawal of the complaint made by her to the Maharashtra State
Commission for Women, the purpose of filing Writ Petition No.3735 of 2023
stands served.
8] In view of the aforesaid, the following order is passed:-
(i) In view of the communication dated
07/04/2025 issued by the Education Officer
(Secondary), Zilla Parishad, Solapur it is held
that the services of the petitioner in Writ
Petition No.12112 of 2017 are no longer
surplus as she is discharging her duties on a
sanctioned post. Consequentially, the impugned
communication dated 31/10/2017 issued by
the Education Officer (Secondary) shall not
operate against the said petitioner. An order of
re-patriation of the said petitioner shall be
passed by the Education Officer (Secondary).
(ii) Since the petitioner in Writ Petition
No.12112 of 2017 has withdrawn the
complaint made by her before the Maharashtra
904. WP 3735-23 and WP 12112-17.doc
State Commission for Women, the impugned
communications dated 21/12/2022 and
30/01/2024 are quashed. Consequential steps
shall be taken by the Education Officer
(Secondary) including the release of arrears of
salary, if any, and updation of the service book
of the Headmaster.
(iii) Rule is disposed of in the aforesaid terms
in both the writ petitions with no order as to
costs.
All concerned to act on a duly authenticated or digitally signed
copy of this judgment.
(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J)
