SHAHNAZ ASHAK ALI NAIKWADE Vs. ASHOKRAO MANE

JUDGEMENT

(1.) WE have heard the respective learned counsel for the parties at length.

(2.) THE Petitioner was appointed by respondent no.1 on 1st July 1994 as a Head Mistress in Ambap Girl High School. The respondent no.1 is the Chairman of Shikshan Prasarak Mandal. It is the case of the petitioner that the respondent has not complied with the order passed in Writ Petition No.4578 of 1996 dated 23rd August 1996, wherein the respondents-Management was directed to pay the salary to the Petitioner as per the provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, from the date of her appointment i.e. from 1st July 1994. Inspite of the said order directing the respondents to pay salary within a period of two weeks, the respondents had not cared to carry out the said direction and accordingly, it is the case of the petitioner that respondents had committed contempt of this Court. The Petitioner has also annexed the order passed in Writ Petition No.4578 of 1996 dated 23.10.1996. As per the said order the Court has allowed the petition partly in favour of the petitioner. Respondent no.1 was directed to pay the petitioner salary at the rate prescribed under the Act from the date of her appointment i.e. 1st July 1994 by granting time of two weeks from the order and further directed to continue to pay her salary at the said rate till she continues in service.

(3.) IN response to the notice issued on the respondents, an affidavit dated 22nd July 1997 is filed by the respondent no.1 narrating the fact about the order passed by the High Court dated 23rd October 1996 in Writ Petition No.4578 of 1996. It is further found from the affidavit that the School Tribunal as per the order dated 29th August 1996 had passed the order of reinstatement of one Ms. Bhatkhande who challenged the order of termination of her services, who was working as a Head Mistress in the said School. In view of the order passed by the School Tribunal, the services of the petitioner were terminated as per the letter dated 29th October 1996. Inspite of the notice of termination served on the Petitioner, the petitioner did not hand over the charge of the post of Head Mistress till she was compelled to hand over the charge at the intervention of the Deputy Education Officer, Secondary Zilla Parishad, Kolhapur on 25th February 1997. It is the case of the respondents that an amount totalling to Rs.35,000/- has already been paid to the petitioner from time to time. It is further found from his affidavit that the Petitioner has collected the building fund on behalf of the institution and has neither handed over the said collected amount to the Institution nor given any account and according to the Management, she has collected this over one lac. The President has accordingly expressed that there is no intention of disobey the order of the Court and prayed that the Institution may be permitted to deposit the amount till the date of termination of her services i.e. on 29th October 1996 in this Court.