Prabhakar S/O Deoman Pendhari v. The State Of Maharashtra School Education And Sports Dept. And ORS

34-WP-1225-2022.doc Chitra Sonawane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1225 OF 2022 WITH INTERIM APPLICATION (ST) NO.19143 OF 2022 IN WRIT PETITION NO.1225 OF 2022 Prabhakar S/o Deoman Pendhari

...Petitioner

Versus

The State of Maharashtra School

...Respondents

Education & Sports Dept. & Ors.

Mr.AJ Kandarkar for Petitioner.

Ms PN Diwan, AGP for State.

Ms PP Hingmire for respondent nos.5 to 7.

Mr. Ramdas Shelke, for Respondent nos.3 and 4. CORAM : S.V. GANGAPURWALA & MADHAV J. JAMDAR, JJ.

DATE : 12TH AUGUST 2022 P.C. :

1.

We have heard the learned Counsel for the Petitioner and the learned Counsel for the Respondents.

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34-WP-1225-2022.doc 2.

The grievance of the Petitioner is that, he was promoted to the post of Assistant Teacher, however, subsequently, is reverted as a Librarian. The same may amount to reduction in rank. The Petitioner can challenge the same before the School Tribunal u/s 9 of The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. 4.

If the Petitioner officiates the post of a Librarian, then it is incumbent on the Institution to give him salary of a Librarian without prejudice to the contentions of the parties.

5.

Steps shall be taken by the Management for the said purpose. 6.

The petition is disposed of.

7.

No costs.

(MADHAV J. JAMDAR, J.) (S.V. GANGAPURWALA, J.) 2/2