1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO. 404 OF 2009 with Civil Application No. 4858 of 2009 with S. K. Solomon, age 66 years, occu. service, The Chairman, Marathi Mission, having its office at Fortune Towers, ShopNo. 8, 337, Sir J.J. Road, Byculla, Mumbai 400 008. - -- Petitioner. versus 1. State of Maharashtra. 2. Deputy Director of Education, 17, Dr. Ambedkar Road, Pune 411001. 3. The Education Officer (Secondary), Zilla Parishad, Ahmednagar. 4. Suresh John Sabale, age major, occ. service, Rural High School & Junior College, Vadala Mission, taluka Newasa, District Ahmednagar. 5. Y. R. Kamble, age major, occ. service, Rural High School & Junior College, Vadala Mission, Taluka Newasa, district Ahmednagar. - - - - Respondents 2 Shri A. K. Gawali, Advocate for petitioner. Shri S. K. Tambe, Asstt.Govt. Pleader for respondents Nos.1 to 3. Shri S. S. Jadhavar, Advocate for respondent No.4. Shri P.S. Shendurnikar, Advocate for respondent no.5. Shri S. G. Chapalgaonker, Advocate for Interveners. WRIT PETITION NO. 249 OF 2009 with Civil Application No. 4859 of 2009 with Civil Application No. 5554 of 2009 Y. R. Kamble, age 54 years, occu. service, Rural High School & Junior College, Vadala Mission, Tal. Newasa, Dist. Ahmednagar. - - - Petitioner versus 1. State of Maharashtra. 2. Deputy Director of Education, 17, Dr. Ambedkar Road, Pune 411001. 3 The Education Officer (Secondary), Zilla Parishad, Ahmednagar. 4. S. K. Solomon, age 66 years, occ. service, The Chairman, Marathi Mission, having its office at Fortune Towers, Shop No.8, 337, Sir J. J. Road, Byculla, Mumbai 400 008. 5. Suresh John Sabale, age major, occ. service, Rural High School and Junior College, Vadala Mission, Tal. Newasa, dist. Ahmednagar. - - Respondents 3 Shri P. S. Shendurnikar, Advocate for petitioner. Shri S.K Tambe, Asstt.Govt. Pleader for respondents Nos.1 to 3. Shri A. K. Gawali, Advocate for respondent no.4. Shri S.S. Jadhavar, Advocate for respondent No.5. Shri S. G. Chapalgaonker, Advocate for interveners. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 13th August 2009 PER COURT : 1. Writ Petition No. 404 of 2009 is filed by petitioner who claims to be Chairman of Marathi Mission challenging the action on the part of the respondent respondent no.3 education authority for entertaining the pay bills signed by respondent no.4. 2. Writ Petition No. 249 of 2004 is filed by respondent No.5 in Writ Petition No. 404 of 2009 who claims to be regularly appointed Head Master praying for a direction to the respondent education authority to grant approval to him as Head Master. 3. It appears that there is a dispute between the two factions of the management as a result of which both respondents nos.4 and 5 are claiming to be Head Master of the Rural High School and Junior College, Wadala, taluka Newasa. 4 4. Shri Gawali, appearing for the petitioner in Writ Petition No. 404 of 2009, states that respondent No.4 is already terminated and as such, respondents authorities ought not to have entertained the pay bills signed by him. This position is seriously disputed by Shri Jadhavar, learned Counsel appearing on behalf of respondent No. 4. He submits that the petitioner has no locus standi to file present petition inasmuch as he is no more Chairman of the management. 5. Shri Chapalgaonkar, learned Counsel who appears on behalf of Intervener, submits that the Petitioner is no more President of the Trust and that the Intervener is Secretary of the Trust, and as such, the petitioner has no locus to file the present petition. 6. In view of apparent dispute between two factions in the management and in order to safeguard the interest of the teaching staff and the students studying in the said school, we have requested Asstt. Govt. Pleader to seek requisite instructions as to who is the senior most teacher working in the said school except respondents Nos.4 and 5. Accordingly, a report is submitted by the Education Officer. It is stated that after respondents Nos.4 and 5, one Shri Mane Bhimrao Ramji is senior most teacher. However, he 5 has refused to work as Incharge Head Master. It is stated that next senior most teacher is one Smt. U. P. Gaikwad and she is willing to work as Incharge Head Master. In that view of the matter, we are inclined to dispose of the petition by directing Education Officer to recognize Smt. U. P. Gaikwad as an Incharge Head Master and entertain pay bills and all correspondence on behalf of the school signed by her. It is further made clear that till the decision of the dispute in the management and in the event if the respondents Nos.4 and 5 decide to settle their dispute before an appropriate forum, till decision of such dispute, the authorities of the Education Department shall not recognize either respondent No.4 or respondent No.5 as Head Master or Incharge Head Master and shall treat them as Assistant Teachers. It is further made clear that both these respondents till the decision of the dispute as aforesaid between them shall be entitled only to the salary as an Assistant Teacher. 7. It is reported that in view of the pendency of the dispute, the salary bills have not been cleared by the Education Officer for long time.. In that view of the matter said Smt. U. P. Gaikwad, who has been directed to be recognized as Incharge Head Master, shall submit necessary pay bills including pay bills for arrears within a 6 period of three weeks from today. On receipt of the said pay bills, the respondent no.3 Education Officer shall release salary in accordance with law within a period of three weeks from receipt of the bills. 8. Taking into consideration the peculiar facts and circumstances of the case, the Education Officer would consider appointing a Government Officer as an Administrator over the School. 9. In view of the aforesaid directions, both the petitions stand disposed of. 10. In view of the disposal of petitions, nothing survives in the Civil Applications. The same are also disposed of. 11. Authenticated copy of this order be supplied to the learned Asstt. Govt. Pleader to act upon. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp40409