Oral Judgment:

Ajit B. Kadethankar, J.

1. Heard learned counsel for the petitioner and the learned Assistant Government Pleader.

2. Rule. Rule is made returnable forthwith. Considering the prayers made in the petition, we have taken up this matter for final disposal, by consent of the parties.

3. The petitioner has put forth the following prayers in his writ petition.

                   “(a) This Hon'ble Court may be pleased to issue writ of Mandamus or any other appropriate writ or direction in nature of writ of mandamus and be further pleased to hold and declare that impugned oral communication and Order passed by Respondent Nos.2 and 3 declaring Petitioner as surplus and further impugned communication and Order dt. 07.11.2023 passed by Respondent No. 1, directing absorption of Petitioner in Late Ravbahadur Bapusaheb Kdam Vidyalaya Talvatpalata, Tal.-Khed, Dist.- Ratnagiri is illegal and unconstitutional and in contravention to the provisions of Rule 26 (1) and (2)of Maharashtra Employees Private School (Conditions of Service) Rules, 1981 (herein after referred to as Rules of 1981;

                   (b) This Hon'ble Court may be pleased to issue writ of Certiorari or any other appropriate writ or direction in nature of writ of certiorari and be further pleased to quash and set aside impugned oral communication and Order passed by Respondent No.2 and 3 declaring Petitioner as surplus and further be pleased to quash and set aside impugned communication and Order dt. 07.11.2023 passed by Respondent No. 1, directing absorption of Petitioner in Late Ravbahadur Bapusaheb Kdam Vidyalaya Talvatpalata, Tal.- Khed, Dist.- Ratnagiri;”

4. Subject-matter: Petitioner- who is an employee of a private school, is declared ‘Surplus employee’ by the Education Officer and directions are also issued to absorb the petitioner in another school. This is done vide an order dated 7th November 2023 passed by the Education Officer. The petitioner contends that the said order is illegal and hence, the present petition is filed for seeking the prayers as prayed in the Writ Petition.

5. The Petitioner would intensely attempt to convince this Court as to the merits of the case. He would submit that in fact the Petitioner could neither have been declared surplus nor there was an occasion to get him absorbed in a different school. Mr. Arjunwadkar, learned Counsel for the Petitioner would submit that the respondent authorities have taken undue advantage of the facts and by creating incorrect record, the petitioner is declared to be surplus. He would submit that the Petitioner could demonstrate how the consideration applied by the respondent authorities is erroneous in view of the real facts of the matter.

6. This is typical litigation amongst the school management, its employee also inevitably concerning the authorities under the Zilla Parishads and/or the State government. Generally following are the commonly seen issues arising out of the service terms and the school administration :-

                   (i) Seniority,

                   (ii) Declaration as Surplus,

                   (iii) Absorption,

                   (iv) Approval to appointment,

                   (v) Approval to transfer,

                   (vi) Pension related issues,

                   (vii) Salary/Honorarioum related issues,

                   (viii) Conversion from service status,

                   (ix) Application of reservation roaster,

                   (x) Application of Staffing Pattern

                   (xi) Condonation of service gaps,

                   (xii) Shalarth Identity issues

                   (xiii) Workload issues

                   (xiv) Upgradation issues etc.

And such all matters and issues other than mentioned in the Section 9 of the Maharashtra Private Schools (Conditions of Services) Regulation Act 1977.

7. These all issues necessarily involve disputed questions of facts. Most of the issues arise due to change in the School Management which either affect or inluence the service condition of an employee. Even while the School Managements support the claim of its employees, the objections raised by the government/ zilla parishad authorities raise such issues either which are factually incorrect or are raised without considering the development in law. Inaction on the part of the Authorities to process the claims and to keep lingering the claims/proposals also jeopardies the interest of the Managements as also of the employees.

8. The net result of all this is the parties are constrained to approach this court u/a 226 of the Constitution of India. This Court at number of times has expressed its anguish and displeasure over there being no mechanism to address the disputed questions of facts pertaining to the service litigation of the employees of the private schools as also the controversy of the School Managements with the Government/ Zilla Parishad Authorities. Present is also the same case wherein disputed questions of facts are placed before us to solve and answer u/a 226 of the Constitution.

9. During the course of hearing, we have been apprised about a Government Resolution dated 27th March 2024 passed by the Government of Maharashtra – School Education and Sports Department.

10. Preface to the GR dated 27th March 2024 States.

                   

11. As such, while adjudicating the Writ Petition No. 11613 of 2014 and 2527 of 2017 this court has directed the School Education department of the Government of Maharashtra to formulate a mechanism for grievance redressal of the employees in the private school. Pursuant to that the Higher and Technical department issued Government Resolution dated 18th December 2018 for working out the grievances raised by the teaching and non-teaching employees and officers falling under the services of Higher and Technical Education Department.

12. Following the Government Resolution dated 18th December 2018 issued by the Higher and Technical Department of the State, the School Education and Sports Department of the State issued a Government Resolution dated 20th July 2019 and 29th August 2019 with corrigendum dated 1st October 2019 formulated Grievance Redressal Committees.

13. While dealing with the Writ Petition No.1182 of 2024, this Court noticed that there needed much improvement in the formation and work method of the Grievance Redressal Committees (supra). Accordingly directions were issued to the School Education and Sports Department of the State Government to improve the mechanism by forming modified/improved Committees/Appellate Authorities. It appears that the State Government, in accordance with the directions passed by this Court, issued Government Resolution dated 27th March 2024 which contained comprehensive mechanism for redressal of the various grievances of the private school employees. This Government Resolution dated 27th March 2024 superseded all earlier directions, guidelines and Government Resolutions in this context.

14. Looking to the contents of the Government Resolution dated 27th March 2024, it appears that it is an exhaustive and a complete code in itself for the purpose of redressal of the grievances not only of the private school employees, but also of the School Managements. For the sake of convenience, the contents of the mechanism introduced by the Government Resolution dated 27th March 2024 is reproduced as below:-

                   

                   

                   

                   

                   

15. In view of this, since entire mechanism has been provided by the G.R. dated 27th March 2024 which can redress the petitioner’s grievance effectually, we find it appropriate to relegate the parties to the grievance redress committee as it formed under Government Resolution dated 27th March 2024. We find that the entire mechanism for redressing the grievance has been adequately laid down in clause no.4 of the said Government Resolution.

16. We appreciate the action taken by the School Education and Sports Department of the State Government for laying down such mechanism for redressal of the grievances of the private schools and the employees therein. Indeed, the subject-matter grievances necessarily involve disputed questions of facts and applicability of the policy decisions, circulars, modifications etc. introduced by the Department from time to time.

17. Its certainly sagacious that such grievances and the disputed questions of facts as also the factual controversies are dealt initially by the expert authorities which are mainly conversant with the facts, applicability of the prevailing provisions/government policies and the terminology used in the various provisions concerning the subject- matter of the grievances. From the recitals of the Government Resolution dated 27th March 2024, it reveals that the Committees formed therein comprise such experts those officiating positions to prevail over the subject-matter grievances.

18. Its pertinent to note that as per Clause 4 (1) of the Government Resolution dated 27th March 2024, although it enables complaints/appeals in respect of the cause of action arisen after 1st January 2024, yet it mandates the “Committees” also to adjudicate the issues of the prior period, if directed by this court.

19. As such, we have no manner of doubt in our minds that the grievance redressal mechanism comprised in the Government Resolution dated 27th March 2024 is an adequate remedy to redress Petitioners’ grievance raised in the present Writ Petition. Petitioner’s grievance recorded by us in subject-matter column can be suitably and appropriately adjudicated by the respective Committee in view of issues/subject-matters enlisted in the Clause 2 of the Government Resolution dated 27th March 2024.

20. What we expect and observe that let such pioneering grievance redressal mechanism framed for the Private School Managements and the employees therein, be effectively and scrupulously operated by the Members of the respective Committees. Needless to mention, the respective committees shall always take into consideration the various judicial pronouncements of this Court as well as the Honorable Supreme Court on the issues that may come before those Committees. Failure to follow those judicial pronouncements, not referring to those shall be taken seriously and would be held as contemptuous. The Committees shall meticulously go through the documents tendered by the Parties, the disputed questions of facts and shall take appropriate decisions in the light of the provisions particularly in the light of the law laid down by this Court and the Honorable Supreme Court.

21. The respective Committees must refer into its orders the legal positions on the subject-matter issues and pass appropriate order rendering categorical finding as to how the legal position applies/covers to the case in hand.

22. The proceedings before the respective committees shall be taken to its logical end meaningfully and not merely would remain pending. The time frame shall be observed scrupulously by the respective Committees. No committee shall refuse to entertain the complaint/grievance for want of any order under challenge, if the complaint/grievance is raised due to inaction on the part of any authority to adjudicate proposal/claim of the concerned school management or its employee.

23. As such, an Order is not the only cause of action to approach the Grievance Redressal Committee. But delay or inaction on the part of any authority to decide a claim, proposal of the management or its employee, shall also entitle such management or employee, as the case may be, to approach the Grievance Redressal Committee. In such case, the limitation to file the Grievance/appeal shall start from the last reminder duly served on the concerned authority.

24. In view of this, the Writ Petition is disposed of with following directions.

                   A. The petitioner may approach to the appropriate respective Grievance Redressal Committee formed under the Government Resolution dated 27th March 2024, for the grievance raised in this Writ Petition. The Petitioner shall submit the grievance together with every relevant document, judgments, orders, judicial pronouncements in support of the claim/grievance.

                   B. The Petitioner shall also submit his email address, WhatsApp number and postal address for correspondence, in the Grievance memo itself in the foot note.

                   C. Upon receipt of such Claim/grievance, the Chairperson of the Committee shall immediately schedule meeting of the Committee and convey the date of 1st hearing to the Petitioner which shall be within four weeks from filing of the grievance.

                   D. The proceeding shall be concluded strictly as per the Government Resolution dated 27th March 2024.

                   E. Considering the clause laying down the limitation to file the grievance and Petitioner’s bona fide prosecution of the present writ petition, we hope and trust that the committee shall not discard the appeal / representation / complaint. All points are kept open.

                   F. The concerned Grievance Redressal Committee formed under the Government Resolution dated 27th March 2024, shall adjudicate Petitioner’s grievance in accordance with law, on its own merit and meticulously adhering to the procedure prescribed therein and the directions issued and observations marked herein.

                   G. Refusal, delay or reluctance to accept the grievance for any reason including non-formation of the Committee shall be held contemptuous and would invite serious repercussions firstly on the Chairperson and the Member/Secretary of the Committee.

                   H. The Grievance Redressal Committee shall record clear reasoning thereby referring to the legal position; and the reasons to apply or refusing to apply, as the case may be, the judgments and legal pronouncements relied upon by the parties to the hearing.

                   I. Immediately within 03 days from the passing of the decision on the grievance of the Petitioner, such decision shall be intimated to the Petitioner by Email, WhatsApp and by registered post AD.

25. The Writ Petition stands disposed of. Rule made absolute in above terms.