Chakrawarti Ashok Shikshan Prasarak Through Its Secretary Sunilkumar Harishchandra Satpute v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.9702 OF 2015 Chakrawarti Ashok Shikshan Prasarak Mandal, Khoregalli, Latur Vs. The State of Maharashtra and others. WITH WRIT PETITION NO.2002 OF 2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.V.D.Gunale, advocate for the Petitioner in W.P.No.9702/2015 Mr.S.S.Jadhavar, advocate for the petitioner in W.P.No.2002 of 2016.

Mrs.M.A.Deshpande, A.G.P. for the State.

Mr.P.R.Tandale, advocate for Respondent No.3 in W.P.No.9702/15, for Respondent No.2 in W.P.No.2002/16. Mr.A.N.Sabnis, advocate for Respondent No.3 in W.P.No.2002/16 Mr.S.S.Jadhavar, advocate for Respondent No.4 in W.P.No.9702/15.

CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 27.09.2016.

PER COURT :

1.

Heard.

2.

Both these Writ Petitions are filed purportedly by the same institution, however, through different persons acting as Secretary/President.

3.

It appears that Chakrawarti Ashok Shikshan Prasarak Mandal is running School. There appears to be dispute in the

Management. It appears that two parallel groups are claiming power to manage the affairs of the Mandal.

4.

The dispute in the present Writ Petitions is regarding the status of Manik Thakaru Pawar. According to one group, said Manik is removed, whereas according to another group said Manik is in service and according to other group, the group which has allegedly removed Manik has no authority. According to Manik because of the illegal acts he has not received the salary since 1.2.2016.

5.

The Education Officer has also filed affidavit, wherein it is stated that the salary is not paid to Manik as it was communicated that he is not in service.

6.

There appears to be dispute in the Management. It would be appropriate for the Deputy Director to consider the status of said Manik as per the record maintained by the Education Department and take decision accordingly. Considering the fact that there are rival claims, we would allow the parties to represent before the Deputy Director of Education.

7.

The parties shall appear before the Deputy Director of Education, Latur, Region Latur, on 5.10.2016. The parties in the present Petitions may put forth their stand before the Deputy Director of Education. The Deputy Director of Education shall consider the status of Manik, his entitlement, so also about the

group which is in the Management of the affairs of the Chakrawarti Ashok Shikshan Prasarak Mandal and pass appropriate orders on merits. The same be done expeditiously, preferably within three (3) months from the date of appearance on its own merits and in accordance with law.

8.

The Writ Petitions are disposed of. No costs. (K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.27.09.2016.

asp/office/wp9702.15