Bombay High Court
Rajesh Narayanrao Barde vs The Education Officer (Secondary), ... on 20 July, 2020
Author: N.B.Suryawanshi
Bench: S.B. Shukre, Nitin B. Suryawanshi
1 wp4626.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4626 OF 2019
Rajesh Narayanrao Barde
..VS..
The Education Officer (Secondary), Zilla Parishad, Nagpur and others
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. A.P. Thakare, Advocate for petitioner.
Mr. A.V. Palshikar, AGP for respondent Nos. 1 and 2.
Mrs. Kirti Satpute, Advocate for respondent No.3.
CORAM : SUNIL B. SHUKRE AND
N.B.SURYAWANSHI, JJ.
DATED : JULY 20, 2020.
1] Heard Shri Thakre, learned counsel for the petitioner.
2] Shri Palshikar, learned AGP submits that this petition has been listed on board for hearing suddenly and therefore, he would require sometime to seek instructions in the matter. The request is strongly opposed by the learned counsel for the petitioner on the ground that there has remained nothing more for the learned AGP to seek instructions in the matter as the issue of Bhawana Datir, an issue which was linked with the suspension of salary of the petitioner - Headmaster, has been resolved with declaration of Bhawana Datir, previously Assistant Teacher in the respondent no. 3 - School having been declared excess and later on having been absorbed in another school. The learned counsel for the petitioner submits that the Education Officer was irked over the inaction of the petitioner in sending a srwagh ::: Uploaded on - 21/07/2020 ::: Downloaded on - 22/07/2020 02:24:51 ::: 2 wp4626.19 proposal for grant of higher pay scale to the said Assistant Teacher - Bhawana Datir and that was the reason why, initially the Education Officer, by the order passed on 22/05/2015, had threatened stopping of the salary payable to the petitioner which step was ultimately carried out by the Education Officer by passing specific order regarding suspension of salary of the petitioner on 12/07/2018. He points out from the order dated 12/07/2018 that the only reason for stopping of the salary of the petitioner was the petitioner's not forwarding any proposal to the Education Officer for payment of higher pay scale to Bhawana Datir.
3] Prima-facie, we find substance in the argument of learned counsel for the petitioner and therefore, we can also understand the indignation on his part underlying his opposition to grant of further time to the respondents for giving the proper response to this petition. The order dated 11/12/2018 (page No. 73) passed by the Chief Executive Officer, Zilla Parishad, Nagpur (is not party here) is clear enough. It shows that having been declared an excess teacher in the respondent no. 3 - School, Bhawana Datir, was absorbed in another school as per this order. Once an employee like Bhawana Datir has been absorbed in another school, the question of sending of any proposal for payment of higher salary to Bhawana Datir could not remain there insofar as the petitioner and for that matter, even respondent no. 3 are concerned. Then, it has been the consistent defence of the petitioner that it were the school committee of the respondent no. 3, which was insisting upon not paying any higher pay scale to Bhawana Datir on account of its opinion that Bhawana Datir, as an Assistant Teacher in that school, srwagh ::: Uploaded on - 21/07/2020 ::: Downloaded on - 22/07/2020 02:24:51 ::: 3 wp4626.19 was guilty of some serious misconduct. We are not aware about the enquiry having been carried out into the alleged misconduct of Bhawana Datir inasmuch as Bhawana Datir is also not a party to this petition and therefore, there is nothing for this Court to make any comment or make any observation in this regard. All this Court can do is to consider as to whether or not the reason stated in the impugned order exists anymore and as submitted by learned counsel for the petitioner and rightly so, the reason stated in the impugned order dated 12/07/2018, no more exists. The issue of Bhawana Datir is over after her absorption in another school. So, there should not be any impediment in releasing the salary of the petitioner. Then, not forwarding of the proposal for payment of higher pay scale to Bhawana Datir, was a decision not of the petitioner but of the School Committee of the respondent no. 3. So, it would have been more appropriate for the Education Officer to have proceeded against the respondent no. 3 rather than finding some scapegoat in a person like the petitioner.
4] This Court, while passing the order on 29/08/2019, had also taken due note of the plight of the petitioner and as such had directed the Education Officer to release the salary of the petitioner once the School Committee decides and forwards the proposal in respect of the Teacher - Bhawana Datir.
5] It appears to us that the Education Officer, without any apparent justification, has withheld the salary of the petitioner for which he would have to be held accountable. Now, as submitted by the petitioner, the salary of srwagh ::: Uploaded on - 21/07/2020 ::: Downloaded on - 22/07/2020 02:24:51 ::: 4 wp4626.19 the entire school staff has been withheld by the Education Officer. The Education Officer must submit his reply in the matter. If it is found that the Education Officer has also stopped the salary of the entire staff of the school and without any justification, the issue involved in this petition would take a further serious turn and it would be accordingly dealt with by this Court.
6] With these observations, we grant request of the learned AGP for some more time and accordingly we direct that this petition shall be kept for final disposal on 23/07/2020. Let the Education Officer (respondent no. 1) remain present before this Court through video conference on that date.
7] This order be communicated to the learned counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law. It may be uploaded on official website too.
JUDGE JUDGE
srwagh
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