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Judgment
D.K. Deshmukh and A.R. Joshi, JJ
Rule, returnable forthwith Heard finally by consent of the parties.
Following can be taken as admitted facts. The respondent No. 1 is running a recognised Secondary English Medium School. The petitioner admittedly is working as a Teacher in the School. Admittedly, the conditions of service of the petitioner and other Teachers working in the said School are governed, by the provisions of Maharashtra Employees pf Private Schools ''(Conditions of Service, Act 1977. Admittedly, under the said Act, it is the duty of the Management which is running the said recognised School to pay to the staff salary as prescribed, by the said Act. Admittedly one of the conditions of the recognition of the School is that the Teachers and other staff members are paid salaries as per the provisions of the said Act and the Rules thereunder. When we pointed out this to the learned Counsel appearing for the Management, he stated that the audited, balance-sheet of the Management shows that the Management is not in a position to pay salaries to the Teachers and other staff members as per the scales prescribed by the said Act. In this view of the matter therefore, in our opinion, it is a matter to be looked into by the respondent No. 3 - Education Officer because the Management is duty bound to pay salaries as per the provisions of the said Act. In (sic) therefore following order would meet the ends of justice.
The petitioner shall within a period of two weeks from today make a representation (sic) respondent No. 3 for payment of salary as per law before submitting the representation, the petitioner shall serve a copy there of on the Management. The respondent No. 3 Educational Officer there after shall grant an opportunity of being (sic) to the petitioner Management and any other person who is likely to be adversely affected by his order and make order in accordance with laws. The Education Officer in view of the stand taken by the Management shall consider the question whether the cognition of the School is to be withdrawn or continued and also consider about the view of the staff working in the School and make a comprehensive order. The Educational Officer shall make the order as expeditiously as possible and any in any case within a period of three months from the date on which the petitioner makes his application. Rule is made absolute accordingly with no order as to costs.
Parties to act on the copy of this order duly authenticated by the (sic)/Private Secretary of this Court.
Certified copy expedited.