KAMLABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The basic question that we are tasked to decide is, whether the Chief Executive Officer, Zilla Parishad, Jalna and the Education Officer (Primary) of such Zilla Parishad, respondents no. 2 and 3, respectively, are justified in withholding Rs.10,53,250.00 payable to the petitioner on account of death gratuity that accrued in favour of her late husband (hereafter 'the teacher' for short).

(2.) The facts lie in a narrow compass.

(3.) The teacher was appointed as a primary school teacher vide order dtd. 9/4/1992 of the respondent no. 2. While discharging duty as a teacher of a school in Avhana, Taluka - Bhokardan, the teacher passed away on 18/12/2019 at the age of 47 years due to a heart attack. The version of the respondents 2 and 3 is that the teacher entered service as a reserved candidate belonging to Scheduled Tribe on the basis of the tribe certificate dtd. 3/7/1991 issued by the Executive Magistrate, Sillod, which was produced by the teacher, and proceedings before the Scrutiny Committee on the issue of validation of such tribe certificate are still pending; therefore, the petitioner is not entitled to the death gratuity as aforesaid till such time the said committee pronounces on the validity of the tribe certificate. It is also the case of the respondents that the teacher never tried to obtain validity of the tribe certificate and such certificate was referred to the Scrutiny Committee for its decision by the respondent no. 2 vide letter dated 22 nd July 2013. In support of the case that the teacher was appointed on a reserved vacancy, our attention has been drawn to a register maintained by the Zilla Parishad containing particulars of employees who have been employed from 1982 as well as the particular roster points against which such appointments have been made. The teacher, it is shown, was appointed against a roster point earmarked for the Scheduled Tribe. Photocopy of the relevant pages of the register are taken on record, marked Exhibit 'X'. However, the proceedings could not be taken to its logical conclusion by the Scrutiny Committee in the absence of the inquiry report of the relevant Vigilance Cell with the result that validity of tribe status of the teacher is still awaited.