Samajseva Shikshan Sanstha Naichakur Through Its Secretary v. The Education Officer Primary And Others

967-WP-12598-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12598 OF 2023 SAMAJSEVA SHIKSHAN SANSTHA NAICHAKUR THROUGH ITS SECRETARY

VERSUS

THE EDUCATION OFFICER PRIMARY AND OTHERS ....

Mr. Mayur V. Salunke, Advocate for Petitioner Mr. P. S. Patil, AGP for Respondent - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:12.10.2023 PER COURT :- 1.

The Petitioner is a management. It is submitted that the Education Officer (Primary), Zilla Parishad, Osmanabad keeps on issuing letters to the Petitioner for submitting the bills of salary of Respondent No.4, though the latter has been terminated on 24.08.2022, which he has challenged before the School Tribunal and there are no interim orders passed in that matter. It is contended that the salary/suspension allowances of Respondent No.4, are paid till the date of his termination. The Petitioner

(( 2 )) 967-WP-12598-2023 prays that this Court should issue a Writ of Mandamus to Respondent No.1 Education Officer for restraining him from writing letters to the management.

2.

A blanket Writ of Mandamus of the nature sought by the Petitioner, cannot be issued. Nevertheless, the Petitioner is not defenseless. If the Education Officer writes letters to the Petitioner management, they can respond to the said letters by putting forth the fact situation and by quoting the factual position. 3.

With these observations, this Petition is disposed off. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS