High Court · 2024

Legal Reasoning

(1) wp-7839-2019.odtIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO. 7839 OF 2019Narendra Sahebrao Patil,Age : 54 years, Occu: Assistant Teacher,R/o: Gut No.28, Plot No.27,Muktainagar Colony, Jalgaon, 425 001...PetitionerVersus1.Jalgaon Dist. Maratha Vidya,Prasarak Co-op Samaj Ltd.,through its Director,Shri. Vijay S/o. Bhaskarrao Patil,Age: 50 years, Occu. Advocate,R/o. 71 Dixitwadi, Jillhapeth, Jalgaon.2.The Headmaster,B.Ed. College, Adarsh Adyapan Shala,Jalgaon, Dist. Jalgaon.3.The Headmaster,Maharashtra Vidyalaya, Nachankhed,Tq. Jamner, Dist. Jalgaon.4.Nilesh Ranjit Bhoite,Age: Major, Occupation: Nil,R/o: Ahilya Niwas, Bhoite Nagar,Near Pimprala Railway Gate,Dist. Jalgaon.5.The Education Officer (Secondary),Zilla Parishad, Jalgaon, Dist. Jalgaon...Respondents....Mr. N. E. Deshmukh, Advocate for the Petitioner.Mr. P. S. Patil, Addl. GP for Respondent No.5.Mr. U. R. Awate, h/f M/s. Talekar and Associates, Advocate forRespondent No.1.Mr. A. D. Shinde h/f Mr. K. B. Jadhav, Advocate for Respondent Nos.3and 5.… CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ. (2) wp-7839-2019.odtJUDGMENT RESERVED ON :- 29th FEBRUARY 2024.JUDGMENT PRONOUNCED ON :- 18th MARCH 2024.JUDGMENT (Per: S. G. Chapalgaonkar, J.):- 1.Rule. Rule made returnable forthwith. With the consent ofthe parties, matter is taken up for final hearing at the stage ofadmission.2.The petitioner approaches this Court under Article 226 ofthe Constitution of India, thereby challenging the order dated15.06.2019, issued by respondent no.1 and order dated 17.06.2019issued by respondent no.2.3.The petitioner contends that on 26.08.1986 he was initiallyappointed as an Assistant Teacher at Mahatma Gandhi Vidyalaya,Jamner. Lastly, he was transferred to the Maharashtra Vidyalaya atNachankhed, Tq. Jamner, Dist. Jalgaon vide transfer order dated17.06.2019 and he was directed to report on the post of transfer.According to the petitioner, before issuing the transfer order his consentwas not obtained. However, in sequel of the aforesaid order when thereported transfer post, Headmaster did not allow him to join. Thepetitioner complained to the Education Officer vide his communicationdated 25.07.2019. However, petitioner was made to run from pillar topost. The Education Officer vide his order dated 04.03.2020 directedthe Headmaster to relieve the petitioner to enable him to join at hisoriginal establishment. However, vide subsequent order dated17.03.2020, the Education Officer withdrew his earlier directions.Thereafter petitioner discharged his duties at Maharashtra Vidyalayaat Nachankhed till the date of his retirement. Further videcommunication dated 02.06.2022, the Education Officer communicatedthe Headmaster of the Maharashtra Vidyalaya that the petitioner hasbeen wrongly transferred in contravention of the Rule 41(5) of the (3) wp-7839-2019.odtMaharashtra Employees of Private Schools (Conditions of Service)Regulation Rules, 1981 (for short ‘MEPS Rules, 1981’). He could nothave been allowed to join in pursuance of the transfer order and it wasfurther directed that the petitioner be relieved for joining withrespondent no.2-B.Ed. College. 4.The respondent no.3 filed his affidavit-in-reply stating thatrespondent no.5-Education Officer failed to grant approval to thetransfer of the petitioner and because of his inaction, the pay bills of thepetitioner could not be processed. Even on retirement of the petitioner,his pension proposal could not be forwarded. In case Education Officergrants approval to the transfer dated 15.06.2019, he shall be in theposition to submit pay bills and forward the proposal for release of thepensionery benefits to the petitioner.5.The respondent no.5-Education Officer, Zilla Parishad,Jalgaon filed his affidavit-in-reply and placed certain documentsdepicting the correspondence of his office with the Headmaster of theschool and management.6.We have heard the learned Advocate appearing for therespective parties. It is not in dispute that the petitioner was apermanent teacher on grant-in-aid post and served as such till date ofhis retirement on superannuation. The petitioner was transferred onadministrative reasons to Maharashtra Vidyalaya at Nachankhedunder order dated 17.06.2019 passed by Secretary of Trust and for thatpurpose he was relieved from Junior College of Education, Jalgaon. 7.The petitioner assailed said order questioning the authorityof respondent no.4-Secretary to issue transfer order, since there weredisputes in the groups of management. This Court while refusinginterim relief observed that if transfer is effectuated, the place where (4) wp-7839-2019.odtthe petitioner is transferred, to be approved by the Education Officer.The record shows that during the pendency of this petition, severalcommunications have been exchanged between the petitioner,Education Officer and Management of Institution. 8.The petitioner appears to have reported on post of transferin pursuance of the transfer order. Initially, the Headmaster workingat the transferred school was reluctant to accept the joining of thepetitioner. The Education Officer has also issued contradictory order, asevident from Exhibit-Y, page no.116(9) and order at Exhibit-Z, pageno.116(8). Evidently the petitioner is made to run from pillar to post. 9.Since there were dispute in management groups, DivisionalDirector of Education, Nasik vide order dated 01.06.2021 directed theEducation Officer to ensure release of salary to the employees ofrespondent no.1, who are subjected to transfer. It was clarified that thesalary bills shall be processed from the transferred places, if thepetitioners have joined the post of transfer or in case of employees whohave not relived, the salary bills shall be processed from their originalplace of posting. In sequel to the said order, Education Officer issuedcommunication to the Headmaster to process salary bills of theemployees from their original establishment. Apparently, by now,petitioner retired from service on attaining age of superannuation andrestricts his claim for release of his salary from the date of transfer tilldate of his retirement and further to process his pension proposal. 10.In that view of the matter, when the petitioner waspermanent employee and discharged his duties, it is obligatory on thepart of the respondents to take necessary steps for release of his salary,dues from the date of his transfer i.e. 17.06.2019. The joining reportplaced on record at Exhibit-I shows that the petitioner reported to the (5) wp-7839-2019.odttransferred post on 24.07.2019. However, his salary bills have not beenprocessed. The petitioner made several communications/representationsto the Education Officer and higher authorities to look into the matterand issue necessary directions for release of his salary. We find thatthere are inconsistent communications at the hands of respondent no.5,which has lead to the plight of petitioner. It appears that, the petitionerhas discharged his duties till he retired from service on 31.05.2021. Inthat view of the matter, we are inclined to dispose of the Writ Petitionby issuing following directions:ORDERa.Writ Petition is partly allowed.b.The respondents shall take necessary steps for release of salary dues of the petitioner from 17.06.2019 till the date of his retirement on 31.05.2021. cThe respondent nos.1 to 3 shall prepare salary bills of the petitioner for aforesaid period within period of 6 weeks and forward same to respondent no.5, who shall take further steps to release the same within a period of six (6) weeks from the date of receipt of salary bills from respondent No. 1 to 3.d.The respondent nos.1 to 3 shall also forward the pension proposal of the petitioner to the concern authorities within a period of threemonths from the date of this order.e.Writ Petition is disposed of in aforesaid terms.f.Rule is made absolute in above terms. (S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI) JUDGE JUDGEDevendra/March-2024