Disposed

Gajanan S/O Bisanji Viadya v. the Deputy Director of Education, Nagpur Division, Nagpur and Others

Bombay HC6 Nov 2019WP/3276/2017

Case brief

AI extract

What is this about?

In a writ petition regarding absorption of a de-recognized school employee declared surplus, the High Court directed respondents to include the petitioner in the surplus staff list and pay salary without work until absorbed in another school.

What did the court decide?

Directed respondents to include petitioner in surplus staff list, assign regular salary without work pending absorption, and pay salary within four weeks.

Gajanan S/O Bisanji Viadya Vs the Deputy… — Pension and Retirement Benefits | Bombay HC (2019)

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0611wp3276.17.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO.3276/2017

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Gajanan s/o Bisanji Vaidya
...Versus...

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The Deputy Director of Education, Nagpur Division, 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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Shri P.V. Thakre, Counsel for petitioner
Ms Ritu Kalia, AGP for respondent nos.1 and 2

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CORAM : R. K. DESHPANDE AND
 MILIND N. JADHAV, JJ.
DATE: 06/11/2019

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1.The petitioner was a permanent employee
working as a peon in the school recognized and governed by
the provisions of the Maharashtra Employees of Private
Schools (Conditions of Service) Regulation Act, 1977 and the
Rules framed thereunder. Upon declaration as surplus, he is
required to be absorbed in the employment of some other
school. Undisputedly, the school where the petitioner was
working has been de-recognized and the entitlement of the
petitioner for absorption is not disputed.

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2.In view of the stand taken in paragraph no.6 of the
affidavit dated 16/08/2019 of the respondent no.2, we direct

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0611wp3276.17.odt

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the respondents to include the name of the petitioner in the
list of surplus staff required to be absorbed, maintained by
the Education Department and to pay the petitioner his
regular salary without work till he is absorbed in some other
school.

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3.We, therefore, direct the respondents to take
appropriate steps and release the salary of the petitioner
within a period of four weeks from today.

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The writ petition stands disposed of accordingly.
No order as to costs.

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 (Milind N. Jadhav, J.) (R.K. Deshpande, J.)

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Wadkar, P.S.

Gajanan S/O Bisanji Viadya v. the Deputy Director of Education, Nagpur Division, Nagpur and Others

Case brief

What is this about?

What did the court decide?

Gajanan S/O Bisanji Viadya v. the Deputy Director of Education, Nagpur Division, Nagpur and Others

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

Coram

Case details

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