Rajashri Shahu Chatrapati Shikshan Prasarak Mandal, Shirgaon And ORS v. The State Of Maharashtra Thr The Secretary, School Edu. And Sports Dept. And ORS
Digitally signed by TRUPTI SADANAND BAMNE Date:
2024.09.09 10:44:14 +0530 TRUPTI SADANAND BAMNE Trupti 1 912-913wp-5969-2024.....doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5969 OF 2024 Rajashri Shahu Chatrapati Shikshan Prasarak Mandal, through its Joint Secretary and Others
...Petitioner
Versus
The State of Maharashtra and Others
...Respondents
WITH WRIT PETITION NO. 5988 OF 2024 Rajashri Shahu Chatrapati Shikshan Prasarak Mandal, through its Joint Secretary and Others
...Petitioners
Versus
The State of Maharashtra and Others
...Respondents
....
Mr.Prashant Bhavake for the Petitioners in both the petitions. Mr.S.H. Kankal, AGP for Respondent Nos. 1 to 3-State in both the petitions.
Mr.Yuvraj P. Narvankar for Respondent Nos. 4 and 5 in both the petitions.
....
CORAM : NITIN JAMDAR & M.M. SATHAYE, JJ.
DATE : 05 SEPTEMBER 2024 P.C.:
The learned AGP and the learned Counsel for Respondent Nos. 4 and 5 seek time to file reply affidavit.
Trupti 2 912-913wp-5969-2024.....doc 2.
The learned Counsel for the Petitioners seeks leave to amend to place a copy of the order dated 22 August 2024 on record. Leave granted. Amendment to be carried out accordingly. The learned Counsel states that on 22 August 2024, the Education Officer (Secondary), Zilla Parishad, Kolhapur has stopped the salary of all teachers in six schools pertaining to the Petitioner -Management, which has caused a serious hardship to all the employees. 3.
In Writ Petition No. 1571 of 2024, the Division Bench of this Court by order dated 7 February 2024, while directing the Education Officer to take a decision, had also directed the Education Officer to take necessary decision as regards signing the salary bills so that functioning is not affected. It was clear in the order dated 7 February 2024 that the issue as to whether there is an inter se dispute in the management and if there is, then deciding how to proceed and care be taken not to affect the imparting of education and therefore, the Court had directed the Education Officer to take necessary steps. Instead of formulating the modalities for payment, the Education Officer has passed an order on 22 August 2024 stopping the salary of all the employees.
4.
We direct that the concerned Education Officer will take necessary steps within four working days to ensure that the salary payable to all employees of the schools of the Petitioner - Management is released without prejudice to rights and contentions
Trupti 3 912-913wp-5969-2024.....doc of the parties. Office of the Government Pleader will communicate this order at the earliest.
5.
For filing reply affidavit, stand over to 25 September 2024. ( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)