1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO. 5052/2010 ( Pandit Mahadeorao Tayade .vs. State of Maharashtra and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. P.S. Patil, Advocate for Petitioner Mr. A.S. Fulzele, AGP for Respondents 1 & 2. Mr. S.T. Harkare, Advocate for Respondent no.3. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JULY 12, 2011 Heard. The petitioner was dismissed after departmental inquiry in the year 1999 and Appeal No. 20/1999 filed by him was allowed by the School Tribunal on 20.2.2002. In the meanwhile he had attained the age of superannuation in the year 2001. The School Tribunal directed his reinstatement within two months with full back wages and continuity of service. It is also obvious that reinstatement was not possible. The petitioner thereafter made efforts to recover back wages and ultimately in Misc. Application No. 10/2002, the School Tribunal on 15.12.2004 directed the Education Officer to consider the proposal sent by the Management for release of his back wages. Advocate Mr. Patil for the petitioner states that thereafter till date, respondent no. 2 – Education Officer has not taken any steps and for the first time before this Court in reply affidavit, defence has 2 been taken that the School Tribunal has not specifically directed Education Officer to pay the back wages. He further points out that second defence is Education Officer was not consulted and no approval for dismissal of the petitioner was obtained. Advocate Mr. Harkare supports the case of the petitioner. Both Advocates Mr. Patil and Mr. Harkare point out that after dismissal of the petitioner and till he attained the age of superannuation, nobody else was occupying that post. Learned AGP relies upon the reply affidavit filed by respondent no.2. After hearing respective counsel we find that though there is no specific direction in Appeal No. 20/1999, its operative part paragraph 3 directs all respondents to reinstate and to pay full back wages. It is not in dispute that the Education Officer was party before School Tribunal in Appeal No. 20/1999. The order passed in Misc. Application No. 10/2002 on 15.12.2004, therefore, directs the Education Officer to consider the salary bills. The Education Officer did not take any steps and for the first time before this Court on 3.10.2010 the defence that dismissal was not with approval of the Education Officer has been taken. However, respondent no.2 is not in a position to point out any provision in law which requires Management to obtain the prior permission of the Education Officer before imposing punishment of dismissal after completing departmental inquiry. In this view of the matter, we find that reply filed by respondent no.2 and his stand unsustainable. 3 We do not see any justification for not taking appropriate decision in the matter for more than six years. The petitioner is unnecessarily required to approached this Court. In this situation, we direct office of Education Officer (Secondary) Zilla Parishad, Buldhana to pay petitioner costs of Rs.3000/- towards present petition within a period of two months from today. If the costs are not so paid, the petitioner is free to recover the said amount. In that event interest @ 10 % P.A. shall be recovered from the present incumbent working as Education Officer. The petitioner is permitted to make appropriate representation in this respect within a period of four weeks from today to Education Officer with an advance copy to respondent no.3-Management pointing out all these developments and also stating that nobody was occupying his post after his dismissal till he attained the age of superannuation. Respondent no.2 shall then consider his representation as early as possible and in any case by 31.12.2011. With these observations and directions, the writ petition is partly allowed. JUDGE JUDGE halwai