Bombay High Court
Ambika Parasad Bajrangicharan Oza ... vs The State Of Maharashtra, Thr. Its Secr. ... on 19 September, 2019
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, Milind N. Jadhav
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 3317 OF 2018
PETITIONER/S :- Ambika Prasad Bajrangicharan Oza, (Dead)
Aged 44 years, Occupation: Presently Nil,
R/o. Akansha Nagar, Digras,
Dist. Yavatmal.
Through his legal heirs:-
1. Mamta Ambikaprasad Oza,
Aged 42 years,
2. Kumari Akansha Amibikaprasad Oza,
Age 19 years,
3. Ku. Ashu Ambikaprasad Oza,
Aged 17 years,
All R/o. Akansha Nagar, Digras,
Dist. Yeotmal.
...V E R S U S...
RESPONDENTS :- 1. The State of Maharashtra through its
Secretary, Department of School and
Sports Education, Mantralaya, Mumbai-32.
2. The Deputy Director (Primary Eudcation),
Department of School Education,
Amravati Region, Amravati.
3. Education Officer (Primary),
Zilla Parishad, Yeotmal.
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Shri A. C. Dharmadhikari, Advocate for petitioner/s.
Shri A. M. Balpande, A.G.P. for respondent nos. 1 and 2.
Shri S. C. Bhalerao, Advocate for respondent no. 3.
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CORAM :- SUNIL B. SHUKRE AND
MILIND N. JADHAV, JJ.
DATED :- 19.09.2018.
ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.):
1. Rule. Rule made returnable forthwith. Heard finally by consent.
2. Original petitioner, who died during the pendency of the petition, is now presently represented by legal heirs. He was appointed as Assistant Teacher in Purshottamdas Tandon Hindi Pratamik Shala, Darwha, Dist. Yavatmal. This school was de- recognized in the year 2013 and the petitioner was declared as surplus teacher. But, he was not absorbed elsewhere in-spite of his repeated requests and representations. Ultimately, by an order dated 01.02.2016 passed by the Hon'ble Minister of Education, the petitioner was directed to be absorbed in any school, as per the roster and subject in which, the petitioner was qualified to impart instructions in. However, even then the petitioner could not be absorbed for one reason or the other. Ultimately, the petitioner was required to file this petition seeking appropriate directions to the authorities. Before the petitioner could prosecute this petition to its logical end, the petitioner died and now, the legal heirs are before ::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 00:59:22 ::: 3 wp3317.18.odt this Court crying for justice.
3. We have gone through the reply of the Zilla Parishad, Yavatmal, which is relevant for taking up for consideration the issue involved in this petition. We have also heard, apart from learned counsel for the petitioner, learned A.G.P. and learned counsel for Zilla Parishad, Yavatmal. We find that except for spelling out the difficulties for payment of salary to the petitioner, the authorities have done nothing concrete on the ground and result is that, the family of the petitioner is suffering.
4. The authorities do not dispute the claim of the petitioner, which is about payment of salary to the petitioners since the date of his being surplus and till his death. But, the authorities have not paid salary for one reason or the other.
5. It is stated in reply of Zilla Parishad, Yavatmal that outstanding salary could not be paid as there was no sanction of the Director (Primary Education), Pune. It is also stated that proposal in that regard is required to be sent for approval to Director through respondent no. 2 - the Deputy Director (Primary Education), Amravati Region, Amravati. Learned counsel for Zilla Parishad, ::: Uploaded on - 20/09/2019 ::: Downloaded on - 21/09/2019 00:59:22 ::: 4 wp3317.18.odt Yavatmal, submits that respondent no. 3 would forward proposal to respondent no. 2 for its onwards submission to the Director (Primary Education), Pune.
6. In view of the above, we find that this petition deserves to be allowed and is allowed accordingly.
7. Respondent no. 3 is directed to send a proposal regarding payment of outstanding salary due to the original petitioner and to be paid to his legal heirs now, to respondent no. 2 within two weeks from the date of receipt of this order and, on receipt of the same, respondent no. 2 is directed to forward the said proposal with his favourable recommendation to the Director (Primary Education), Pune, within one week from the receipt of the proposal for its sanction by the latter and, on receipt of the same Director (Primary Education), Pune, shall accord his sanction within one week thereafter.
8. Rule is made absolute in these term. There shall be no order as to costs.
JUDGE JUDGE
RR Jaiswal
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