Dinkar S/O Sitaram Jadhav v. Education Officer (Secondary), Zilla Parishad, Buldhana And Others
2024:BHC-NAG:14307-DB 943.WP.948.2024.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 948 OF 2024 Dinkar S/o. Sitaram Jadhav Vs. Education Officer (Secondary), Zilla Parishad, Buldhana & Ors.
__________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. G.G. Mishra, Advocate for the Petitioner. Mr. D.P. Thakare, Additional Government Pleader for Respondent No.1. Mr. P.S. Patil, Advocate for Respondent Nos.2 & 3. Mr. R.S. Bhoyar, Advocate h/f. Mr. K.P. Mahalle, Advocate for Respondent Nos.4 & 5.
CORAM : NITIN W. SAMBRE AND VRUSHALI V. JOSHI, JJ. DATE : 17 th DECEMBER, 2024.
P.C.
1.
This Court in a detailed order dated August 29, 2024 has recorded the conduct of the respondent Nos.2 and 3 in the matter of the service conditions of the petitioner. 2.
In the order dated November 21, 2024, the date 'July 31, 2019' is directed to be corrected as 'July 31, 2022' and as such the order dated November 21, 2024 shall be corrected accordingly.
3.
The copies of the corrected order, on demand, be made available to the respective parties.
4.
It is not in dispute that the services of the petitioner were absorbed; same were declared surplus with the respondent Nos.2 and 3 in the respondent Nos.4 and 5 Management and School respectively. As such, the respondent Nos.2 to 5 and the petitioner in compliance with the order dated November 21, 2024 agreed to appear before the Education Officer on May 13, 2025 as regards the issue of payment of arrears and regular salary.
943.WP.948.2024.odt 2/3 5.
All the respondents undertake to clear the short-falls including that of the petitioner in the matter of payment of arrears and the present regular salary.
6.
The arrears have to be reckoned from January 9, 2019 to July 31, 2022.
7.
Once all the short-falls are cleared, the Education Officer shall ensure that not only the salary but also the arrears are released in favour of the petitioner in any case by July 31, 2025.
8.
As far as the deposit of the amount in view of the conduct of the respondent No.2, the respondent No.2 has placed on record a pursis duly signed by him and his counsel, which is taken on record.
9.
In terms of the said pursis, it is claimed that of the total amount of Rs.20,00,000/- deposited by the respondent No.2, Rs.5,00,000/- are directly deposited in the account of the petitioner.
10.
Be that as it may, of the remaining amount of Rs.15,00,000/-, which are with the Court, the respondent No.2 has no objection to donate Rs.7,50,000/- for social cause. As such, the balance amount of Rs.7,50,000/- is directed to be apportioned as under:
(a) Maharashtra Animal and Fishery Sciences University, Nagpur - Rs.3,00,000/- for equipment and logistic support of the Veterinary Hospital, Nagpur.
(b) High Court Gazetted Officers'
Association, Nagpur - Rs.1,00,000/-
943.WP.948.2024.odt 3/3 (c) Uccha Nyayalay Chaturth Shreni Karmachari Sangh, Nagpur - Rs.1,00,000/- (d) Bar Association Staff Members particularly the boys who lift and drop the bastta of Advocate - Rs.1,00,000/- (e) Sant Gajanan Maharaj Sansthan, Shegaon - Rs.1,50,000/- 11.
As such, the parties hereto jointly pray that in view of the aforesaid order, the petition can be disposed of. 12.
The petition accordingly stands disposed of. No costs. 13.
The Registrar (Judicial) shall take appropriate steps for diversion of the amount of costs as ordered hereinabove. (VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 06/05/2025 11:24:01