APARNA ANIL BANGALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner came to be appointed by Respondent Nos. 4 and 5 as an Assistant Teacher sometimes in the year 1968 and she was confirmed in the said post subsequently. Her appointment was approved by the Respondent No. 3 Education officer and her service record was unblemish. She was being paid the pay scale as applicable to an assistant Teacher (trained) in a primary school till 23rd April, 1993 on which date she was issued an order of suspension as a criminal complaint came to be registered against her for an offence punishable under section 420 of the indian Penal Code. Charge sheet came to be filed in Regular Criminal Case no. 209 of 1993 before the Judicial Magistrate, First Class at Jalgaon. In the meanwhile, the suspension order came to be challenged in Writ Petition No. 3971 of 1993 which was allowed to be withdrawn on 22nd March, 1995.

(2.) THE learned Judicial Magistrate, First Class, by his judgment and order dated 15th May, 1997, convicted the Petitioner and sentenced her to suffer simple imprisonment for three months, and to pay a fine of rs. 5,000/- and in default thereof to suffer further simple imprisonment for two months. At the same time, Regular Criminal Case No. 297 of 1996 was filed jointly against the Petitioner, her husband and son for the offences punishable under section 420 read with section 34 of the Indian penal Code. The learned Judicial Magistrate, First Class, by his judgment and order dated 27th October, 1997 acquitted the Petitioner. It is pertinent to note, at this juncture, that the suspension from 23rd April, 1993 was effected retrospectively by a subsequent order dated 6th September,1993. On receiving the judgment and order dated 15th May, 1997, convicting the Petitioner, the Respondent management issued an order of termination dated 18th November, 1997 making it effective from 17thnovember, 1997. The Petitioner had challenged the order of conviction in Criminal Appeal No. 57 of 1997 and the learned 4th Additional Sessions Judge at Jalga on by his judgment and order dated 5th November,1998 allowed the same by quashing and setting aside the order of conviction and sentence. In the meanwhile, the Petitioner had approached the school Tribunal in Appeal No. 56 of 1997 challenging the order of termination dated 18th November, 1997 and during the pendency of the said appeal, inspite of the order of acquittal dated 5th November, 1998 the petitioner was not reinstated. Finally by judgment and order dated 29th november, 1999 the Appeal was allowed and the Petitioner was directed to be reinstated by setting aside the termination order dated 18th November, 1997. She was directed to be reinstated in her original post of assistant Teacher and to pay back wages from 22nd December, 1998 till her reinstatement.

(3.) THE directions given by the School Tribunal were not obeyed and the Petitioner was not reinstated. She, therefore, filed a contempt application No. 1 of 2000 before the School Tribunal and by order dated 7th November, 2000 the said application was allowed. The Education Officer was directed to deduct the amount of salary payable to the Petitioner for the period from 22nd December, 1998 till the date df her reinstatement from the grants. In the meanwhile, the Petitioner was reinstated on 17th April,2000 but was not paid the salary. The Petitioner made representations for payment of salary and as the management did not concede, the Petitioner approached us seeking a writ of mandamus or directions in the nature of mandamus against the Respondent Nos. 4 and 5 for payment of salary from 23rd April, 1993 till 17th April, 2000 (the date of reinstatement) with all consequential benefits like pay revision, increments, dearness allowance etc.