Omkar Ambadas Bhoye v. Zilla Parishad Palghar Through Chief Executive Officer And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 936 OF 2021 Omkar Ambadas Bhoye

...Petitioner

V/s.

Zilla Parishad, Palghar through Chief Executive Officer and Ors.

...Respondents

---- Mr. Anilkumar K. Patil for the Petitioner.

Mr. N. K. Rajpurohit, AGP for the Respondent / State . Mr. Ajit M. Savagave for the Respondent Nos.1 and 2. ---- CORAM : NITIN JAMDAR AND C. V. BHADANG, JJ.

DATE : 23 March 2021 P.C.

.

Heard the Learned Counsel for the Parties.

2.

The Petitioner was appointed as a Primary Teacher with Zilla Parishad Thane on 5 July 2010. Thereafter, after bifurcation of the District, the Petitioner started working with Zilla Parishad, Palghar.

Mamta Kale page 1 of 3

3.

It is the case of the Petitioner that the Petitioner made a request for transfer and accordingly, by communication dated 5 September 2019, Petitioner was transferred to Zilla Parishad, Nashik. It is the case of the Petitioner that Petitioner did not join at Zilla Parishad, Nashik in view of communication issued by Zilla Parishad, Nashik regarding Standard Code of Conduct. In view of the same, the Petitioner came back to the Zilla Parishad, Palghar and was permitted to sign muster. It is the grievance of the Petitioner that Zilla Parishad, Palghar is not acknowledging him as an employee of Zilla Parishad, Palghar. 4.

The learned counsel for the Zilla Parishad, Palghar states that it is correct, that as on date, the Petitioner will have to be treated as employee of Zilla Parishad, Palghar. However, he submits that there are certain grounds, on the basis of which, the Petitioner is liable to be proceeded against in a departmental enquiry.

5.

As on date, no departmental enquiry is instituted nor the services of the Petitioner are terminated by Zilla Parishad, Palghar. Thus, Zilla Parishad, Palghar will have to take necessary steps to treat the Petitioner accordingly and release the admissible monetary benefits / pay. As regards the contention that the Petitioner is liable to be proceeded against in a departmental enquiry, as an employer, it is always open to Zilla Parishad, Mamta Kale page 2 of 3

Palghar to take necessary steps in that regard as per law. The Petitioner will be permitted to join the duty within two weeks. The Writ Petition is accordingly disposed of. (C. V. BHADANG, J.) (NITIN JAMDAR, J.) Mamta Kale page 3 of 3