Vyankatesh Shikshan Sanstha Samarth Nagar Through Its Secretary M M Khanapurkar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9999 OF 2016 VYANKATESH SHIKSHAN SANSTHA, SAMARTH NAGAR, THROUGH ITS SECRETARY M.M.KHANAPURKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS -- Mr.R.R.Suryawanshi, Advocate for petitioner Mr.K.D.Munde, AGP for respondent nos.1 to 3 Mr.R.I.Wakade, Advocate for respondent no.4 -- CORAM : R.M. BORDE AND SANGITRAO S. PATIL, JJ.

DATE : DECEMBER 20, 2016 PER COURT :

Heard.

2.

The petitioner - Institution tendered an application to respondent no.3 - Education Officer seeking permission to continue the In-charge Headmistress Smt.Ujwala Kulkarni to facilitate institution to tender the salary bills and other communications under her signature to the education department and various offices. The

2 47wp9999.odt request of the petitioner was considered favourably and authorisation was issued for the period from 04.07.2016 to 03.12.2016.

The authorisation issued earlier came to be withdrawn vide order dated 03.09.2016 issued by respondent no.3 - Education Officer as consideration of the complaint lodged by respondent no.4.

3.

It has now been informed that the services of respondent no.4 have been terminated after holding departmental enquiry and the concerned employee has challenged order of termination of service by approaching the School Tribunal.

4.

At present, no authorisation has been issued in favour of any teacher for purposes of tendering the salary bills and other communications. In this view of the matter, the request made by the petitioner for continuation of the permission accorded in favour of Smt.Ujwala

3 47wp9999.odt Kulkarni, to function as In-charge Headmistress, deserves to be granted.

5.

Respondent no.3 - Education Officer shall take appropriate decision in this regard, as expeditiously as possible and preferably, within one month from today and communicate the decision to the petitioner - School.

6.

With these directions, the Writ Petition stands disposed of.

[SANGITRAO S. PATIL, J.] [R.M. BORDE, J.] kbp