Bombay High Court
Ashok Laxmanrao Gadge vs Pratima Deodatta Karmarkar & 4 Ors on 24 August, 2017
Author: B. P. Dharmadhikari
Bench: B.P.Dharmadhikari
1 J-LPA-335 & 342-09.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
LETTERS PATENT APPEAL NO. 335/2009
IN
WRIT PETITION NO.1860/2008
Shri Ashok s/o Laxmanrao Gadge,
Aged about : 55 years, Occu. Head Master,
New English High School Congress Nagar,
Nagpur, R/o 1153-D, New Nandanvan
Layout, Nagpur. ..... APPELLANT
...V E R S U S...
1. Mrs. Pratima w/o Deodatta Karmarkar,
Aged about : 55 years, Occu.
Vice Principal, New English High School
Mahal, Nagpur.
2. Secretary,
New English High School Association,
Opposite Chitnis Park, Mahal,
Nagpur.
3. The Education Officer (Secondary),
Zilla Parishad, Nagpur.
4. The Deputy Director of Education,
State of Maharashtra,
Nagpur Division, Nagpur.
5. Shri H. P. Khandait,
Aged : 50 years, Occu. Service,
Head Master New English High
School, Sitabuldi Branch, Nagpur
(Formal respondent). ... RESPONDENTS
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Shri A. M. Sudame, Advocate for the appellant.
Shri B. G. Kulkarni, Advocate for respondent No.1.
Shri A. D. Mohgaonkar, Advocate for respondent No.2.
Shri A. M. Balpande, AGP for respondent Nos.3 and 4.
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2 J-LPA-335 & 342-09.odt
WITH
LETTERS PATENT APPEAL NO. 342/2009
IN
WRIT PETITION NO.1916/2008
H. P. Khandait,
Head Master,
New English High School,
Sitabuldi Branch, Nagpur. ..... APPELLANT
...V E R S U S...
1. Mrs. Pratima w/o Deodatta Karmarkar,
Vice Principal, New English High School
Mahal, Nagpur.
2. New English High School Association,
through its Secretary,
Congress Nagar, Nagpur.
3. The Education Officer (Secondary),
Zilla Parishad, Nagpur.
4. The Deputy Director of Education,
Nagpur Division, Nagpur.
5. Shri Ashok s/o Laxmanrao Gadge,
New English High School,
Congress Nagar, Nagpur. ... RESPONDENTS
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Shri Devdatta Deshpande, Advocate for the appellant.
Shri B. G. Kulkarni, Advocate for respondent No.1.
Shri A. D. Mohgaonkar, Advocate for respondent No.2.
Shri A. M. Balpande, AGP for respondent Nos.3 and 4.
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CORAM:-
B.P.DHARMADHIKARI &
ARUN D. UPADHYE, JJ.
DATED :
24/08/2017.
ORAL JUDGMENT : (PER B. P. DHARMADHIKARI, J.)
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3 J-LPA-335 & 342-09.odt Heard Shri Sudame, learned counsel and Shri Deshpande, learned counsel for appellant, Shri Mohgaonkar, learned counsel for School and Management and Shri Kulkarni, learned counsel for respondent No.1 - Mrs. Karmarkar.
2. Because of retirements which have taken place in the meanwhile, Shri Sudame, learned counsel submits that he has instructions to withdraw the Letters Patent Appeal. Shri Deshpande, learned counsel submits that the appellant and one Khandait have also superannuated but he does not have instructions to withdraw it.
3. Respondent No.1 Smt. Pratima Karmarkar worked on the post of Headmaster from 01/07/2010 till her superannuation on 31/05/2011.
4. In this situation, after hearing respective counsel, we do not find it necessary to narrate facts, at length.
5. Promotion as a Headmaster given to the appellant Ashok Gadge and the appellant H.P.Khandait was questioned by Smt. Karmarkar in appeal under Section 9 of the MEPS Act, 1977 in the School Tribunal at Nagpur. Her appeal bearing STN No.27/2007 came to be allowed on 07/04/2008. The School Tribunal directed employer to promote and appoint her as a Headmistress from 01/08/2007 with consequential benefits.
6. The correctness of this direction was questioned before the learned Single Judge by the present appellants in Writ Petition ::: Uploaded on - 29/08/2017 ::: Downloaded on - 30/08/2017 01:03:38 ::: 4 J-LPA-335 & 342-09.odt Nos.1860/2008 and 1916/2008.
7. The question involved was about the applicability of roster when management had only three schools and therefore, three posts of Headmasters. Relying upon the Full Bench Judgment in the case of New English High School Association, Nagpur and another Vrs. Baldev s/o Fakira Ade and another, reported at 2006 (6) Mh.L.J. 882, consistent view has been adopted by the School Tribunal as also by the learned Single Judge that there could not have been any reservation and all three posts, therefore, need to be treated as in "open category".
8. In this situation, it is to be noted that Ashok Gadge has superannuated on 31/05/2014 as Headmaster and H.P. Khandait also accordingly superannuated on 31/10/2016.
9. Hence, in this situation, notionally, salary of respondent No.1 - Smt. Karmarkar needs to be determined as on 01/08/2007 in the cadre of Headmaster and then fixed on the date of actual promotion i.e. 01/07/2010. It also needs to be accordingly revised upwards. With the reasons, salary last drawn by her on 31/05/2011 shall also increase.
10. Hence, we find that the interest of justice in present matter can be met with by directing the Education Officer (Secondary), Zilla Parishad, Nagpur as also the office of Deputy Director of Education, Nagpur to undertake that exercise and accordingly to notionally fix last wage drawn by Smt. Karmarkar on 31/05/2011. ::: Uploaded on - 29/08/2017 ::: Downloaded on - 30/08/2017 01:03:38 :::
5 J-LPA-335 & 342-09.odt
11. Thus, her qualifying pay and pension along with other retirement dues shall be revised upwards and arrears accruing on that count only need to be paid to her.
12. We direct these respondents to complete this exercise within a period of four months, after communication of this order to them.
13. With these observations and directions, accordingly, we dispose of these Letters Patent Appeals.
JUDGE JUDGE
Choulwar
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