Venkat Pandurang Suryavanshi v. The State Of Maharashtra And Others

1 wp 6001.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6001 OF 2020 Venkat Pandurang Suryawanshi .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Satish S. Manale, Advocate for the Petitioner. Shri A. R. Kale, A.G.P. for Respondent Nos. 1 to 4. Shri P. S. Shendurnikar, Advocate for Respondent Nos. 5 and 6. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

01ST FEBRUARY, 2021.

FINAL ORDER :

.

The petitioner seeks multifarious reliefs, such as time bound promotional pay scale, grant of two increments, directions to process the pension papers, respondent No. 3 to fix the liability upon the erring person and the salary from January 2018 to June 2018 and from 28.02.2019 to 31.08.2019.

2.

According to the learned advocate for the petitioner, the petitioner was reverted under order dated 24.09.2018. He had filed appeal before the School Tribunal. The School Tribunal stayed the order on 16.01.2019. On 22.01.2019, the petitioner had submitted the salary bills. Same are not processed. The interim stay was vacated on 28.01.2019. According to the learned counsel, the management is required to be directed to

2 wp 6001.20 consider and grant claims of the petitioner.

3.

The learned counsel for respondent Nos. 5 and 6 submits that, the petitioner after he was reverted never attended the institution and joined on the post. The stay as contended by the petitioner would not have any effect as the petitioner was already reverted and incharge head master was working from the year 2018 and approval was also granted to the appointment of the incharge head master working in place of the petitioner. 4.

It appears that, there is word against word. The Deputy Director of Education would be an appropriate person to consider the whole gamut of dispute between the parties and about the petitioner attending/not attending the school. 5.

The petitioner may file his application with the respondent No. 3/Deputy Director of Education coupled with all the documents on which the petitioner seeks to rely. The respondent Nos. 5 and 6 may also place on record their say and the documents relied by them before the respondent No. 3. The respondent No. 3 shall after considering the case put forth by the petitioner and the respondent Nos. 4 and 5 take decision on the entitlement of the petitioner to the benefit of time bond promotional pay scale, increments and the payment of salary, so also entitlement of the pension.

6.

Said decision shall be taken expeditiously and preferably

3 wp 6001.20 within a period of three (03) months from the date application is filed by the petitioner.

7.

In the light of the above, the writ petition is disposed of. No costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 21