ALL GOA PRIVATE SCHOOLS Vs. DILIP BORKAR

JUDGEMENT

(1.) Heard the Advocate for the petitioner. The petitioner is seeking direction to the Government for quantifying the arrears payable to the petitioner from June 1992 till the date of the death of the petitioner No.1 and further to take effective steps for payment thereof by the respondents No.1 and 2 and also direction to the respondents No.1 and 2 to make the said payment in terms of quantification of arrears, to be made by the Government.

(2.) It is the case of the petitioner that the petitioner was appointed as teacher in the school run by the respondent No.2 with effect from June 1992. When the school reopened after the summer vacation, in June 1993 the petitioner was not permitted along with two other teachers from discharging her duties as teacher in the institution of the respondents No.1 and 2. The petitioner therefore, made necessary representation and also filed appeal before the Administrative Tribunal against the decision of respondents No.1 and 2 to prohibit the petitioner from discharging her duties. It was appeal No.9/1994 which came to be allowed holding that termination of services of the petitioner to be bad in law and directing the respondents No.1 and 2 to pay to the petitioners her salary from December, 1992 in the prescribed scale after deducting salary @150/- per month. There was also direction to the Director of education to prepare the seniority list of the petitioner along with other two teachers. Allegedly, there was failure on the part of the respondents to comply the said directions issued by the Administrative Tribunal under the said order in the said appeal, present petition came to be filed seeking the following reliefs.

(3.) When the matter came up for hearing, the learned Counsel for the petitioner stated that the petitioner No.1expired on 28th June, 2005 and therefore, the relief in the nature of prayer clause (a) does not survive and therefore, the petitioner is not pressing for the said relief. Drawing our attention to the unreported decision in the matter of Writ Petition No.361/2001 delivered on 1st July 2002 by division Bench of this Court, in the matter of Smt. Sangita and another versus Manager, Tiny Tots School and others, the learned Counsel appearing for the petitioner submitted that the case of the petitioner is similar to the one which was dealt with by this Court in the said Writ petition No.361/2001 and therefore, applying same principal, which was applied in the said matter, to the case of the petitioner, the respondents should be directed to quantify the liability of respondents no.1 and 2 and to effect recovery thereof to pay the same to the legal heir of petitioner No.1.