2104wp68.09.sxw 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 68 OF 2009 The People’s Education Society Vs. The Edn. Officer (Secondary) & another Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha & A. P. Bhangale, JJ. Dated : 21st April, 2009. Heard Mr. M. K. Pathan, learned Counsel for the petitioner, Mr. N. S. Khubalkar, learned Assistant Government Pleader for respondent No. 1 and Mr. U. N. Andhare, learned Counsel for the intervenor. The learned Counsel for the petitioner submitted that respondent No. 3 was Head Mistress of National Urdu Girls’ High School, Amravati. She was suspended vide order dated 03/10/2008 and the departmental enquiry is going on. It is submitted that the suspended Head Mistress has not handed over the record of the School for the purpose of preparing salary bills of the teaching and non- teaching staff of the School. In spite of 2104wp68.09.sxw 2/3 request made by the Management to the Education Officer to grant financial and administrative powers to the next senior most teacher for submitting salary bills of the teaching and non-teaching staff, the Education Officer, till this date did not issue any direction in this regard and, therefore, the Management has to approach this Court for necessary direction. In the backdrop of the aforesaid facts, it appears that the salary bills of the teaching and non-teaching staff of the School has not been paid since February, 2009 for want of proper authority to sign the pay bills of the teaching and non-teaching staff. Merely because the Head Mistress of the School is suspended and the departmental enquiry is pending, that should not be a reason for not making payment of salary to the teaching and non-teaching staff. In the circumstance, we direct the Education Officer, within a period of two days grant financial and administrative powers to the next senior most teacher, who is directed to forward the salary 2104wp68.09.sxw 3/3 bills of teaching and non-teaching staff of the School to the Education Officer for necessary disbursement. With these observation and directions, the writ petition is disposed of. The above referred order is passed without prejudice to the rights of respondent No. 3, whose enquiry is going on. JUDGE JUDGE wwl