Allowed

Radhakrishnan Shikshan Sanstha, Kolhapur and Anr. v. the State of Maharashtra, through Secretary, Dept of Education and Sports and Ors.

Bombay HC6 Aug 2014WP/9818/2013

Case brief

AI extract

What is this about?

Two-connected writ petitions challenging Education Department orders affecting salary grants were disposed of. The High Court quashed the orders, directed the release of arrears, mandated issuance of show-cause notices and personal hearings, and prevented immediate implementation of any adverse decision for one month.

What did the court decide?

Impugned orders quashed and set aside; show cause notice and hearing mandated; arrears of salary grant released with prohibition on withholding on backlog grounds.

Radhakrishnan Shikshan Sanstha, Kolhapur and Anr. Vs… — Education and Admissions | Bombay HC (2014)

9818-13

Uday Kambli

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.9818 OF 2013

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Radhakrishnan Shikshan Sanstha, Kolhapur and another ...Petitioners v/s.

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State of Maharashtra and ors. ...Respondents

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WITH

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WRIT PETITION NO.7204 OF 2014

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WITH WRIT PETITION NO.7205 OF 2014 WITH WRIT PETITION NO.7206 OF 2014 WITH WRIT PETITION NO.7207 OF 2014

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Karmaveer Bhaurao Ptil Shikshan Sanstha and anothers ...Petitioners v/s. State of Maharashtra and others ...Respondents

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Mr.S.S.Pakale i/by A.R.Belge for Petitioners. Mr.A.H.I.Patel, A.G.P. For Respondents 1 to 5.

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… CORAM: MOHIT S. SHAH, C.J. & M.S.SONAK, J. DATE : 6 AUGUST 2014

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P.C.:

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Learned counsel for the petitioners and learned AGP for respondents Nos. 1 to 5 state that the subject matter of these petitions is the same as Writ Petition No.8478 of 2013 and connected matters, which have been disposed of by our order dated 16 July 2014.

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9818-13

Uday Kambli

In view of the above, for the reasons recorded in the said judgment dated 16 July 2014 in Writ Petition No.8478 of 2013 and connected matters, these petitions are also disposed of in the following terms:-

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(I) In our view, the interests of justice would be served if these writ petitions are disposed of by quashing and setting aside the impugned order dated 9 May 2013 of the Director of Education (Secondary and Higher Secondary), Maharashtra State and the order passed by the Education Officer (Secondary), Zilla Parishad of concerned district in each of these petitions, without prejudice to the rights and contentions of the parties and without prejudice to the power of the Respondent authorities to take appropriate decision, after giving a show cause notice to the school managements involved in these petitions and after giving them an opportunity of personal hearing and an opportunity of submitting their reply to the show cause notice and to produce the necessary documentary evidence in support of their case.

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(II) Accordingly, we pass following order :

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(i) The impugned orders issued by the Director of Education (Secondary and Higher Secondary), Maharashtra State and of the Education Officer (Secondary), Zilla Parishad of concerned district in each of these petitions, are quashed and set aside;

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(ii) The Respondents will be at liberty to issue show cause notices

2 of 4

9818-13

Uday Kambli

to the Petitioners' school managements and only after giving an opportunity of filing reply to the show cause notice, to produce documentary evidence in support of their case and after giving them an opportunity of personal hearing, the Respondents shall take fresh decision in the matter;

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(iii) In the result, the Respondents shall have to release the salary grant to the Petitioners but the Respondents will be at liberty to take appropriate decision and action after complying with the aforesaid procedural safeguards;

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(iv) If, after complying with the aforesaid safeguards, the Respondents take any decision adverse to the Petitioners, the Respondents may take consequential action of withholding the salary grant but such decision shall not be implemented for a period of one month from the date of communication of the adverse orders to the Petitioners;

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(v) The arrears of salary grant for the period from 9 May 2013 up to 31 August 2014 shall be released by the respondents by 30 September 2014 and the respondents shall continue to pay full salary grant to the petitioner-institutions by direct payment of salary to the concerned employees of the schools in accordance with rules and regulations without withholding any salary grant on the ground of backlog without following the aforesaid safeguards.

3 of 4

9818-13

Uday Kambli

(vi) It is clarified that this Court has not gone into the merits of the controversy between the parties and this Court may not be treated to have expressed any opinion on the controversy between the parties;

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(vii) Accordingly the petitions are disposed of in the aforesaid terms with no order as to costs.

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CHIEF JUSTICE

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(M.S.SONAK, J.)

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4 of 4

Radhakrishnan Shikshan Sanstha, Kolhapur and Anr. v. the State of Maharashtra, through Secretary, Dept of Education and Sports and Ors.

Case brief

What is this about?

What did the court decide?

Radhakrishnan Shikshan Sanstha, Kolhapur and Anr. v. the State of Maharashtra, through Secretary, Dept of Education and Sports and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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