Dnyaneshwar Bhausaheb Narwate v. The State Of Maharashtra Through Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1234 OF 2020 Dnyaneshwar S/o Bhausaheb Narwate, Age : 35 years, Occ. Service, R/o Manusmarwadi, Post, Patharwadi, Tq. Renapur, District Latur ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, School Education and Sports Department, Mantralaya, Mumbai - 32 2.

The Director of Education (Secondary and Higher Secondary), Maharashtra State, Pune 3.

The Deputy Director of Education, Latur Division, Latur 4.

The Education Officer (Secondary), Zilla Parishad, Latur 5.

Head Master, Shivaji Madhyamik Vidyalaya, Ganjurwadi, Tal. Chakur, Dist. Latur 6.

President, Shivaji Bahuudeshiya Shikshan Prasarak Mandal, Bhadgaon, Tal. & Dist. Latur ..RESPONDENTS Mr S.S. Thombre, Advocate for petitioner;

Mr P.S. Patil, A.G.P. for respondent nos.1 to 4; Mr S.N. Patne, Advocate holding for Mr N.D. Kendre, Advocate for respondent no.5

(2) CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 9th September, 2021 PER COURT:

1.

By this petition, the petitioner has put-forth prayer clause (B), which reads as under:- "(B) By issuing writ of mandamus or any other writ, order or directions in the like nature, this Hon'ble Court may be pleased to direct, the respondent no.4 to finalise the pay fixation and to accept the pay bills of the petitioner and to release the salary as per the 20% grant in aid received by school and for that purpose issue necessary orders." 2.

We have considered the strenuous submissions of Shri Thombre, the learned Advocate representing the petitioner. 3.

The learned A.G.P. relies on an affidavit filed by Trupti Vikram Andhare, Education Officer (Secondary), Zilla Parishad, Latur, respondent no.4, dated 08.09.2021 and indicates from paragraph 4 that the school and the management had delayed the submission of the proposal of the petitioner. After persuasion, the said proposals were received and the respondent authorities acted swiftly and an order dated 03.05.2021 has been passed by carrying out the pay fixation of the petitioner. Copy of the pay fixation order is placed on record at annexure R-3.

(3) 4.

In view of the above, though the petition stands worked out in terms of prayer clause (B), we find it appropriate to direct respondent no.4 to submit a copy of the pay fixation along with a covering letter addressed to the petitioner as well as the management, on or before 25.09.2021. Follow up action by respondent no.3 shall be initiated with promptitude so as to be completed on or before 15.10.2021.

5.

This petition is disposed off in the above terms. In the event the petitioner has any grievance pursuant to the above, he would be at liberty to seek redressal of the same.

(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) amj