Shri Sant Tukaram Maharaj Shikshan Sanstha v. Vasant Kisanrao Ghare And ANR

BDP-SPSIN THE HIGH COURT OF JUDICATURE AT BOMBAY BHARAT DASHARATH PANDIT 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 ] 1/4

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 2/4

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 backwages. 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 :- 3/4

(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.] 4/4