Smt. Prashala Sambhaji Poul v. Principal Secretary, State Of Maharashtra And ORS.

(926)-WP-2747-14.doc BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2747 OF 2014 Smt. Prashala Sambhaji Poul ..Petitioner

Versus

Principal Secretary, State of Maharashtra and others ..Respondents Mr. A. B. Tajane, Advocate for the Petitioner. Mr. A. I. Patel, Addl. Govt. Pleader for Respondent Nos.1 to 3 & 10. Mr. Sushil Inamdar h/f Mr. Vijay Killedar, Advocate for Respondent No.5.

CORAM: B. R. GAVAI & DAMA SESHADRI NAIDU, JJ.

DATE: 14th MARCH, 2019 P.C.:- 1] Petition is filed by the Petitioner, who was in service of Respondent Nos. 5, 6, 7, 8 and 9.

2] Undisputedly, Petitioner's services are terminated. After termination, Petitioner has made representation to the Educational Authority, alleging certain misdeeds by Respondent/Management and Institutions run by it. During the period when the Petitioner was in service, admittedly, even according to the Petitioner, no such 1/2

(926)-WP-2747-14.doc representation was made. Only after the Petitioner's services are terminated, the Petitioner has found it appropriate to bring to the notice of the authorities the misdeeds of the Management and the Institutions run by it.

3] The jurisdiction of this Court under Article 226 of the Constitution of India cannot be permitted to be used by an employee who wants to settle the score with the employer on account of his/her termination. A statutory remedy by way of an appeal is available under the provisions of Section 9 of the MEPS Act. If the Trust or Institutions run by it are indulging in malpractices, there are sufficient provisions by way of Section 41-A and 41-D of the Maharashtra Public Trust Act, which can take care of such situation. Any person interested in Trust can raise such grievance before the competent authority.

4] Hence, the Petition filed at the behest of the Petitioner stands rejected.

(DAMA SESHADRI NAIDU, J.) (B. R. GAVAI, J.) 2/2