Smt. Mahejaan Ashfak Ahmed Shaikh v. The New Education Institute Through Chairman And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3465 OF 2016 Smt. Mahejaan Ashfak Ahmed Shaikh ..

Petitioner

Versus

The New Education Institute Through Chairman and Ors.

..

Respondents Mr. N.R.Bubna for petitioner Mr. V.R.Kasle i/b. Ram & Co. for respondent Nos. 1 and 2 Mrs. Rupali Shinde, AGP for respondent Nos. 3 and 4 CORAM : B.R. GAVAI & SANDEEP K. SHNDE, JJ DATE : 24th November, 2017 P.C.:

1.

It appears that the petitioner was originally appointed on 8th June 1992. However, her services came to be terminated with effect from 30th April 1994. The petitioner challenged her termination by filing an appeal bearing Appeal No.26 of 1992, which came to be allowed by an order dated 7th February 1997. The same was challenged before this Court by way of Writ Petition NO.2657 of 1997. That petition was dismissed by order dated 24th August 2007. Thereafter, the management filed SLP which was also dismissed on 26th November 2014. Review Petition which was filed thereafter, also came to be disposed of by order dated 4th November 2015. The petitioner thereafter was permitted to resume on 12th January 2015.

2] It appears that the management had submitted two proposals for grant of approval to the appointment of petitioner; one with effect from 8th June 1992 and other one from 12th January 2015. However, after realising the mistake, the management has withdrawn the second proposal, viz., 12th January 2015.

3] In that view of the matter, we dispose of the petition by directing respondent State to consider the proposal granted by the management treating the date of appointment of petitioner as 8th June 1992 and take a decision thereon within four weeks from today. 4] It is made clear that the respondent Education Officer shall pay salary to the petitioner with effect from 12th January 2015 treating the petitioners original date of appointment as 8th June 1992. All arrears with effect from the said date shall also be paid by the Education Officer within a period of three months.

5] However, it is also made clear that as directed by the learned School Tribunal, the back wages from the date of termination till her reinstatement i.e. 12th January 2015 shall be paid by the Management as directed by the learned School Tribunal. We are inclined to pass this order specifically taking into consideration the

fact that though the appeal of the petitioner was allowed vide order dated 7th February 1997, it is on account of the various litigation which was taken out by the management, the order of school tribunal could be implemented after a period of 18 long years. Petition is disposed of.

(SANDEEP SHINDE, J) (B.R.GAVAI, J.)