KASHYAP PHULCHAND SHOBNATHversusSTATE OF MAHARASHTRA

                                                                              901-IA-7096-2024 @.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 7096 OF 2024
                                                           IN
                                           CONTEMPT PETITION NO. 593 OF 2013
                                                           IN
                                             WRIT PETITION NO. 1815 OF 2013

                      Kashyap Phulchand Shobnath                                   ...Applicant
                                 Versus
                      State Of Maharashtra and Ors.                                ...Respondents

SNEHA                                                  ****
NITIN                 Mr. A.A. Maniyar for the Applicant.
CHAVAN                Mr. Devendra Shukla for Respondent Nos. 4 and 5.
Digitally signed by
SNEHA NITIN                                            ****
CHAVAN
Date: 2026.10.07
19:53:26 +0530
                                                     CORAM :      M.M. SATHAYE, J.
                                                       DATE :     7th OCTOBER, 2026

                      P.C. :


                      1.             Heard learned Counsel for the parties.


                      2.             This application is filed by Petitioner in Contempt Petition No.
                      593 of 2013. The said Contempt Petition is already disposed of by
                      order dated 15.12.2026 (Coram: A.A. Sayed, J). Applicant is praying for
                      permission to withdraw of Rs.2,87,703/- deposited by Respondent No. 1
                      Management along with interest from the date of deposit till
                      withdrawal.


                      3.             The Respondent/Management terminated the Applicant by
                      order dated 11.11.2011 which led to filing Appeal No. 50 of 2011 in the
                      concerned School Tribunal. This appeal, hereinafter is referred to as
                      ‘earlier appeal’ was finally heard and allowed on 22.11.2012 thereby



                      Sneha Chavan                                                                     1
                                                  901-IA-7096-2024 @.doc



setting          aside    the    termination     and         ordering          the
Respondent/Management to reinstate the Applicant on the post of
Assistant Teacher with continuity of service and full back-wages.


4.             The Respondent/Management challenged the said order in
earlier appeal, by filing Writ Petition No. 1815 of 2013 (‘earlier petition’
for short), which was heard and dismissed as withdrawn on 24.06.2013
by granting liberty to Respondent/ Management to take appropriate
action against Applicant by completing procedure under section 4(6) of
Maharashtra Employees of Private Schools (Conditions of Service)
Regulation Act, 1977. The said order recorded a statement on behalf of
the Respondent/Management that it is ready to reinstate the Applicant
on the post of ‘Assistant Teacher’ with continuity of service and full back
wages as directed by the Tribunal.


5.             Since the Respondent/Management only reinstated the
Applicant as part-time employee but did not pay back wages, the
Applicant filed above contempt petition. Notice was issued to the
Respondent/Management and on 29.01.2016, the contempt petition
was admitted.


6.             It appears that the Respondent/ Management took out Civil
Application No. 22 of 2016 in the above contempt petition, making
various prayers including prayer clause (c) about initiating criminal
action against the Applicant. On 26.02.2016, this Court disposed of the
said application filed by Respondent / Management observing that
prayer clause (c) can be considered and initiation of appropriate action
against the Applicant can always be considered by the Court in admitted
contempt petition.


Sneha Chavan                                                               2
                                                    901-IA-7096-2024 @.doc



7.             On 04.07.2016, this Court recorded that the Education Officer
has submitted a report, according to which, total amount payable to the
Applicant is Rs.4,27,703/- out of which Rs.1,40,000/- is deposited by
the Respondent/Management. A grievance was raised that Education
Officer has not taken into consideration increment in pay scale and the
amount calculated by Education Officer was disputed. Considering the
situation, this Court directed the Respondent/Management to deposit
differential amount of Rs.2,87,703/- as calculated by the Education
Officer and it was directed that the said amount shall be subject to
outcome of the execution proceedings which may be filed by the
Applicant for execution of the Tribunal’s order in earlier appeal. The
Executing Court was permitted to decide correctness of the order passed
by Education Officer. On the said day, the Applicant was permitted to
withdraw          amount      of    Rs.1,10,000/-    deposited               by   the
Respondent/Management. Remaining amount was directed to be
invested.


8.             The Applicant was again terminated by Respondent /
Management under Order dated 12.09.2016 after constituting inquiry
committee and holding the Applicant guilty of various charges viz.
deliberately and willfully making false complaint and representation,
deliberately and willfully refusing to attend classes and misbehaving
with co-teachers and acting in disordering manner amounting to
professional misconduct, willful and deliberate refusal to accept
communication, representing himself in false and fake name and
concealing his real identity and failing to furnish accurate proof and
correct personal information, working at two different places in two
different names and operating bank account in two different names, not
producing educational certificates and identity proof in the name in


Sneha Chavan                                                                 3
                                                        901-IA-7096-2024 @.doc



which Applicant was working in the school and for fabricating
certificates, working as LIC agent without permission of the
Respondent/Management and on the charge of interference in the
administration of the schools.


9.             The   second   termination      order   dated     12.09.2016          was
challenged by the Applicant by filing Appeal No. 23 of 2016
(‘subsequent appeal’ for short).


10.            Thereafter, on 15.12.2016, this Court took note of the fact that
after withdrawing the earlier petition, action has been initiated against
the Applicant by the Respondent / Management and Applicant has been
suspended and terminated (on 12.09.2016) which is subject matter of
another Appeal No. 23 of 2016 and disposed of the contempt petition.
At the time of disposal, the Respondent/Management pressed for an
action against Applicant pursuant to observations in order dated
26.02.2016 in Civil Application 22 of 2016. However, this Court having
regard to the facts and circumstances of the case, was not inclined to
take any action. But, it was left open for the Respondent/Management
to take appropriate proceedings against the Applicant, if so advised and
permissible in law.


11.            During pendency of the subsequent appeal, the execution filed
in respect of earlier order of back wages, was finally disposed of on
28.06.2023, thereby finalizing the amount of back wages at
Rs.4,27,703/-        and    recording   that    the    Applicant       has       received
Rs.1,40,000/- out of the said amount and also recording that the
remaining amount is deposited with this Court. Liberty was granted to
the Applicant to approach this court for obtaining further orders in


Sneha Chavan                                                                     4
                                                     901-IA-7096-2024 @.doc



respect of the remaining amount.


12.            After hearing parties on merits, by a detail order, the
subsequent appeal has been dismissed by the School Tribunal on
01.08.2023.


13.            Since the execution has finalized the amount, the Applicant
has filed present application.


14.            Learned Counsel for the Applicant has submitted that since the
execution is over and the amount is finalized, the amount deposited in
this Court be released in favour of the Applicant. He submitted that the
second order of termination confirmed in the subsequnet appeal is
subject matter of another Writ Petition No. 1601 of 2024 which is
pending for adjudication. He submitted that the subject matter of
subsequent appeal or second writ petition and subject matter of present
contempt petition are completely different, because this contempt
petition is arising out of confirmed order of School Tribunal in earlier
appeal.


15.            On the other hand, learned Counsel for Respondent/
Management contended that the Applicant, after order of this Court
dated 04.07.2016 (permitting partial withdrawal) has got his name
changed in the government gazette which is produced on record. He
submitted that the Applicant has changed his name from Phulchand
Shobnath Jaiswal to Phulchand Shobnath Kashyap. He submitted that
this act itself shows that the Applicant was continuing in the false name
and which was one of the charges alleged against the Applicant. He
therefore opposed the prayer of withdrawal strongly. He contended that


Sneha Chavan                                                                  5
                                                     901-IA-7096-2024 @.doc



the subsequent appeal is dismissed and his second termination has been
found to be valid on charges including that of false representation about
identity.


16.            Learned Counsel for the Applicant however submitted that the
final order passed in the execution is not challenged by Respondent/
Management and the aspect of false name has already been considered
and held in favour of the Applicant, by the Tribunal in the subsequent
appeal.


17.            I have considered the rival submissions and perused the
record.


18.            At the outset, it is necessary to note that the earlier order
passed by the Tribunal directing reinstatement and setting aside the
earlier termination dated 11.11.2011, though challenged, the petition
was withdrawn by the Respondent / Management and a statement was
made that Respondent/ Management is ready to reinstate the Applicant
with back wages.           Therefore, the amount involved is calculated
pursuant to earlier order of the Tribunal which has attained finality.
Under order dated 04.07.2016 in above Contempt Petition, deposit of
the amount was made subject to outcome of execution proceedings and
Executing Court was directed to decide correctness of the calculation
made by Education Officer about back wages.


19.            It is not disputed that the execution has been finally decided
on 28.06.2023 thereby crystallizing the balance amount to be paid to
the Applicant, which is deposited in the Court. Since final order passed
in execution is not challenged by the Respondent/ Management and



Sneha Chavan                                                                  6
                                                    901-IA-7096-2024 @.doc



challenge to the earlier order of Tribunal granting back wages is
withdrawn, the Applicant is entitled to withdraw the amount.


20.             The argument that the Applicant has made changes to his
surname and has tried to change identity and that he was working at
two places and that he has misled the Respondent/Management about
identity, all these contentions are covered in the charges that were
considered by the inquiry committee before the second termination and
which is also considered by the Tribunal in the order dated 01.08.2023
passed in subsequent appeal.           Those objections regarding change of
identity or misleading the Management about identity, was not the issue
involved either in earlier appeal before the Tribunal or earlier petition.
The said contentions are clearly subject matter of second termination,
subsequent order of the Tribunal and pending Writ Petition No. 1601 of
2024.      In that view of the matter, I do not see any difficulty in
permitting the Applicant to withdraw the amount.


21.            At    this     stage,     learned     Counsel           for       the
Respondent/Management submitted that assuming that there are
findings in favour of the Applicant in the order in subsequent appeal,
since the appeal is ultimately dismissed, the Respondent/Management
had no occasion to file Writ Petition challenging those findings.
However, he asserted that affidavit-in-reply is filed in the pending Writ
Petition and contentions about change of surname and concealing
identity are already taken.


22.            Therefore, by way of abundant precaution, since the aspect of
change in surname and concealing two identities was subject matter of
the subsequent appeal before the Tribunal and also subject matter in


Sneha Chavan                                                                 7
                                                     901-IA-7096-2024 @.doc



pending Writ Petition No. 1601 of 2024, it is necessary to direct the
Applicant to file undertaking about the amount to be withdrawn.


23.            In the aforesaid facts and circumstances and for reasons
indicated above, the application is allowed by passing following order.
      (A)         Subject to Applicant filing an undertaking in this Court
      stating that he will bring back the withdrawn amount with
      interest, if so directed by this Court in (OS) Writ Petition No. 1601
      of 2024, the Applicant is permitted to withdraw the amount of
      Rs.2,87,703/- deposited by Respondent/ Management in this Court
      with interest accrued, if any.
      (B)         Rival contentions of parties about change of surname and
      concealing identity, are kept open to be decided in accordance with
      law.
      (C)         The Interim Application is disposed of in above terms.


24.            All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.




                                             (M.M. SATHAYE, J.)




Sneha Chavan                                                                  8