Pritam Shamraoji Rahate And Others v. Deputy Director Of Education, Nagpur Division, Nagpur And Others

2025:BHC-NAG:14559-DB 1 8-wp-6885-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6885 OF 2025 Pritam Shamraoji Rahate and others Vs.

Deputy Director of Education, Nagpur Division, Nagpur and other ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ---------------------------------------------------------------------------------------------------- Shri P. N. Shende, Advocate for petitioner.

Shri A. V. Palshikar, AGP for respondent nos. 2 and 3/State. CORAM :- SMT. M. S. JAWALKAR & M. W. CHANDWANI, JJ.

DATED :- 18.12.2025 Heard.

2.

The petition seeks directions to respondent no. 2- Education Officer (Secondary), Zilla Parishad, Nagpur to forthwith accept the pay-bill of the petitioners and to release their regular salary from the month of July-2025. 3.

We have heard the learned counsel for the petitioners and the learned AGP for the respondents/State. 4.

The learned AGP has tendered a puris dated 18.12.2025 across the bar, which is taken on record. The letter dated 13.10.2025 issued by the Education Officer (Secondary), Zilla Parishad, Nagpur is annexed with the pursis wherein the Education Officer has stayed salary of the petitioners who are erstwhile Incharge Headmaster and incumbent Headmaster of the School on the ground that RR Jaiswal

2 8-wp-6885-25.odt they did not comply with the interim order of the School Tribunal whereby the effect and operation of the termination order dated 30.04.2024 was stayed and the President and the Secretary of the Management were directed to reinstate Smt. Nilima Sheshrao Kadu as Assistant Teacher.

5.

Having seen the order and the letter of the Education Officer, we feel that the Education Officer has erroneously directed the Superintendent of Pay Unit not to release the salary of the petitioners for the simple reason that the directions were issued to the President and the Secretary of the Management. Even otherwise, in absence of any resolution passed by the Management, the Headmaster of the School is helpless and cannot take action. 6.

Hence, we direct respondent no. 2 to accept the pay bills of petitioner nos. 1 to 3 and to release their regular salary by withdrawing the letter dated 13.10.2025. Needless to mention that pending this petition, the salary of petitioner nos. 4 to 9 were released.

7.

In the above said terms, the petition is disposed of.

(M. W. CHANDWANI, J.) (SMT. M. S. JAWALKAR, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 19/12/2025 15:16:00 RR Jaiswal