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SCA/7952/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7952 of 2010
=========================================================
J
G BHUVA - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
BIPIN P JASANI for
Petitioner(s) : 1,
Mr. Amit Patel, AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 12/07/2010
ORAL
ORDER
Heard
learned Advocate Mr. Bipin P. Jasani for petitioner and Mr. Amit
Patel, learned AGP for respondent State Authority.
Petitioner
has challenged order passed by District Education Officer Junagadh
dated 30.12.2009 where District Education Officer has directed
petitioner to pay compensation to concerned teacher for period from
1st November, 2007 to 4th October, 2009.
Learned Advocate Mr. Jasani for petitioner submitted that in this
petition, petitioner has also challenged Government Resolution dated
14th October, 2008 which is not having retrospective
effect. He also submitted that said circular has been considered by
District Education Officer while passing order against petitioner.
Concerned Applicant Ramniklal Ladhabhai Yadav had approached Gujarat
Primary Education Tribunal by filing Application No. 95 of 2007 and
47 of 2009 where Tribunal has decided matter on 25.9.2009. Tribunal
has directed to District Education Officer to examine question of
salary of concerned teacher for the interim period after considering
circular dated 14th October, 2008 and, thereafter, if
order is passed by District Education Officer, if it is adverse to
any party, such party can challenge same before appropriate forum in
accordance with law. Therefore, present petitioner has challenged
order passed by District Education Officer, Junagadh by filing this
petition.
Provisions
of section 40E of Bombay Primary Education Act, 1947 read as under:
40.Dispute to be
decided by Tribunal.- Where
there is any dispute between the management of a recognized private
primary school and teacher in service of such school which is
connected with the conditions of service of such teacher, the
manager or, as the case may be, the teacher may make an application
to the Tribunal constituted under section 40F for the decision of
the dispute.
Thus,
in view of aforesaid provisions of section 40E, if there
is any dispute between the management of a recognized private
primary school and teacher in service of such school which is
connected with the conditions of service of such teacher, the
manager or, as the case may
be, the teacher may make an application to the Tribunal constituted
under section 40F for the decision of the dispute. Therefore,
according to my opinion, let petitioner may approach Primary
Education Tribunal for challenging order passed by District
Education Officer, Junagadh dated 30.12.2009 and also to raise
contention before Tribunal that Government Resolution of Education
Department dated 14th
October, 2008 is not having retrospective effect. Let Tribunal may
examine question which has been raised by petitioner while
challenging order passed by District Education Officer, Junagadh and
pass appropriate reasoned order after giving reasonable opportunity
of hearing to respective parties. Tribunal is directed to decide
such application in accordance with law within period of four months
from date of receiving such application from petitioner.
With
these observations and directions, this petition is disposed of by
this court without expressing any opinion on merits. Direct Service
is Permitted.
(H.K.
Rathod,J.)
Vyas
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