Dismissed

Sanjay Naktu Lengure v. the State of Maharashtra through Secretary, Dept. of School Education and Sports, Mumbai and Others

Bombay HC14 Jan 2020WP/45/2020

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by a former school employee. The Court held that the petitioner could not claim salary against the State after waiving the back wages claim against the management in a compromise settlement. The petitioner was given liberty to pursue such claims before the appropriate forum.

What did the court decide?

Petitioner given liberty to prosecute further for salary arrears before the appropriate forum; remaining writ petition dismissed.

Sanjay Naktu Lengure Vs the State of… — Pension and Retirement Benefits | Bombay HC (2020)

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WP45.20

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

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WRIT PETITION NO.45/2020

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Sanjay Naktu Lengure

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Vs.

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The State of Maharashtra through its Secretary, Department of School Education and Sports
Mantralaya, Mumbai-32 and three others.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court’s or Judge’s Orders
or directions and Registrar’s orders.

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Shri B.G.Kulkarni, Advocate, for petitioner.

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Shri S.Y.Deopujari, Government Pleader for respondent nos.1 & 2.

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CORAM: R.K.DESHPANDE and
 A.S.CHANDURKAR, JJ.

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DATE: 14.01.2020

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In appeal bearing No. STC/11/2013 filed under Section 9 of

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the Maharashtra Employees of Private Schools (Conditions of Service)
Regulation Act, 1977 the School Tribunal at Chandrapur allowed the
appeal by order dated 30.01.2015. The operative part of the order is
reproduced as under :

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“(i)The appeal is hereby partly allowed.

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(ii)The termination order dated 14.06.2011
issued by respondent No.1 against the appellant is
hereby set-aside.

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(iii)The respondents No.1 to 3 are hereby
directed to reinstate the appellant on his post with
continuity in service within one month from today.

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(iv)The respondents No.1 and 2 are hereby
directed to pay 50% back wages to the appellant from
the date of his termination till the date of his
reinstatement.

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WP45.20

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(v)Pronounced in open Court. “

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Thereafter in Contempt Petition No.156/2016 filed by the
petitioner compromise was entered into between the petitioner and
respondent nos. 1 and 2. Clauses B and C of the settlement being
relevant are reproduced as under :

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(B)That, in consideration of the Petitioner being
reinstated on his Post with continuity in service, the
Petitioner gives up his claim against Respondent Nos.1
& 2 herein, with regard to the Petitioner’s entitlement
to 50% Back Wages from the date of his termination till
the date of his reinstatement.

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(C) The Petitioner and the Respondent Nos. 1 &
2 hereby agree, aver and declare that the Respondent
Nos. 1 & 2 would submit Bill with the Education
Department/Education Officer, claiming the 50% Back
Wages to the Department, for being paid to the
Petitioner, in case the Department sanctions and pays
the 50% Back Wages, the petitioner would be entitled to
receive the entire amount as sanctioned by the
Education Department. However, if the Bills submitted
by the Respondents for Petitioner towards the claim
regarding Back Wages are rejected by the Education
Department, then, in such circumstances, the Petitioner
will not have any claim against the Respondent Nos. 1 &
2 and would not claim any amount from the Respondent
Nos.1 & 2 and the claim in that regard, would stand
given-up, by the Petitioner, against the present
Respondents.

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In terms of Clause (iv) of the order dated 30.01.2015 of the

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School Tribunal, it was the liability of the respondent nos. 1 and 2
namely Management to pay 50% back-wages to the present petitioner
from the date of his termination till the date of his reinstatement. In
terms of Clause (B) of the settlement, reproduced above, the petitioner
has given up his claim against the respondents-Management.

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WP45.20

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In view of this event, it is not permissible, in our view, for
the petitioner to make further claim for release of salary against the
respondent no.2-Deputy Director of Education. Once the claim against
the respondent-Management is waived, it stands waived against
respondent no.2 - Deputy Director of Education also.

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The writ petition is dismissed with no orders as to costs.
The petitioner is at liberty to prosecute further for arrears of salary
before the date of termination of service till the date of termination of
his services before appropriate forum as is permissible in law. All
questions are left open.

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 JUDGE JUDGE

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Andurkar..

Sanjay Naktu Lengure v. the State of Maharashtra through Secretary, Dept. of School Education and Sports, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Sanjay Naktu Lengure v. the State of Maharashtra through Secretary, Dept. of School Education and Sports, Mumbai 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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