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Bombay High CourtWP/2652/2023disposed off

Narayan Dagdusingh Jadhav And Others v. Education Officer (Secondary), Zilla Parishad, Washim

2023-10-05Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

2023:BHC-NAG:14657-DB 47-WP-2652-23.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Narayan Dagdusing Jadhav, President of Shri Sevadas Education Society, Palodi, Tq. Manora, Dist. Washim and ors.

-vsEducation Officer (Secondary), Zilla Parishad, Washim ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri V. K. Paliwal, Advocate for petitioners. Shri A. A. Madiwale, Assistant Government Pleader for respondent. CORAM : A. S. CHANDURKAR AND VRUSHALI V. JOSHI, JJ. DATE : October 05, 2023 P. C.

1.

The grievance of the petitioners is that they have not received salary for the period from January 2023 to May 2023 despite having served at Shri Vasantrao Naik Vidhyalaya Palodi, District Washim. The petitioners contend that their appointments have been duly approved and therefore there is no justification in not releasing their salary for the aforesaid period.

2.

In the reply filed by the Education Officer (Secondary), reference is made to certain disputes in the Management as a result of which further steps in the matter of releasing salary were not taken. 3.

We find that as appointments of the petitioners were duly approved, they are entitled to receive their salary if they have discharged duties for the relevant period. There are various documents on record filed by the petitioners to indicate discharge of their duties. Since the aforesaid issue would require some factual adjudication, the following order would serve the interests of justice : (i) The petitioner Nos.2 to 7 along with representative of the

47-WP-2652-23.odt 2/2 Management shall appear before the Education Officer (Secondary) on 10/10/2023 with all relevant documents. (ii) The Education Officer (Secondary) shall verify the relevant documents and on finding that the petitioners have discharged their duties, shall take steps to release arrears of their salary from January 2023 to May 2023. Necessary decision in this regard be taken within three weeks from the said date. (iii) The Head Master of the concerned school shall also remain present to assist such adjudication.

(iv) Needless to state that if the petitioners are aggrieved with any decision taken by the Education Officer (Secondary), they are free to challenge the same in accordance with law. 4.

With aforesaid directions the writ petition is disposed of. No costs.

(Mrs Vrushali V. Joshi, J.) (A. S. Chandurkar, J.) Asmita