ARUN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioner approaches this Court under Article 226 of the Constitution of India thereby impugning the order dtd. 8/3/2023 passed by respondent no.3 i.e. Education Officer (Secondary), Zilla Parishad, Ahmednagar by which the proposal for grant of approval to the appointment of the petitioner on the post of Junior Clerk has been rejected. Similarly, the petitioner seeks directions against respondent nos.3 to 5 to pay the salary since 13/5/2022 as per applicable pay scale.

(3.) The petitioner contends that he was appointed as Junior Clerk with respondent no.5 which receives grant-in-aid from the State. The petitioner worked from 21/11/2001 till 20/12/2007 when his services were terminated by oral order without there being any enquiry as contemplated under law. The petitioner assailed his otherwise termination before the School Tribunal at Solapur. The Tribunal after hearing the respective parties, allowed the Appeal vide order dtd. 19/12/2019 and directed respondent nos.1 to 3 therein to reinstate the petitioner on his original post and pay back-wages from the date of termination of his service. The respondent nos.4 and 5 assailed the Tribunal's order dtd. 19/12/2019 by filing Writ Petition No.1890/2020 before this Court. This Court after hearing the parties, dismissed the writ petition and confirmed the order passed by the Tribunal. Consequently, the petitioner was reinstated as Junior Clerk and reported on his duties on 13/5/2022. The respondent nos.4 and 5 moved proposal dtd. 20/5/2022 for grant of approval. The petitioner has also made representations for release of his salary to the respondents as well as the Commissioner of Education, Maharashtra State, Pune. The enquiry was conducted in pursuance of the representations of the petitioner and it was concluded that the petitioner is entitled to receive salary and respondent nos.3 to 5 were supposed to initiate necessary action. However, they failed to take steps. The petitioner made one more representation dtd. 6/2/2023 for release of salary. However, by impugned communication dtd. 8/3/2023 respondent no.3-Education Officer (Secondary), Zilla Parishad, Ahmednagar refused to entertain the prayer of the petitioner giving two reasons, (i) The petitioner has approached this Court and his writ petition is pending and (ii) Mr. Anil Eknath Shinde has been appointed with effect from 1/11/2006 on the post of Junior Clerk, who has been unilaterally relieved by respondent-Management vide order dtd. 31/5/2022. Consequently, Mr. Anil Shinde approached the School Tribunal and said proceeding is subjudice. Consequently, the prayer for grant of approval to the petitioner is rejected and it is clarified that the Management shall be responsible for payment of his salary.