Smt. Milgrate Deepak Fargose v. State Of Maha. Thr. Sec. School Education And Sports Dept. And ORS

2023:BHC-AS:29395-DB 912-wp-4322-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.4322 OF 2023 Smt. Milgrate Deepak Fargose ] Age: 35 years, Occupation - Service ] R/o. Gass (Vanath), Near the Church, ] Nalasopara (West), Taluka - Vasai, ] District - Palghar 401 203.

] ..

Petitioner.

v/s.

The State of Maharashtra ] through the Secretary, School ] Education and Sports Department, ] Mantralaya, Mumbai 400 032.

] The Commissioner of Education ] School Education Department, ] Maharashtra State, Pune.

] The Director of Education ] (Secondary and Higher Secondary) ] Maharashtra State, Pune -1.

] The Deputy Director of Education ] Mumbai Region, Mumbai having ] office at Jawahar Bal Bhavan, ] Ground Floor, Netaji Subhash Road,] Charni Road, Mumbai 400 004.

] The Education Inspector ] Greater Mumbai, Western Division, ] having office at Ismail Yusuf College] Compound, Jogeshwari (E), ] Mumbai 400 060.

] Sisters of Charity of St. Anne, ] Divya a Joti, Andheri, Mumbai ] through its President/ Secretary.

] St. Anne'

s High School, L. T. Road, ] Boriwali (W), Mumbai.

] through its Head Mistress.

] ..

Respondents.

S.R.JOSHI

912-wp-4322-2023.doc Mr. Utkarsh Desai, for the Petitioner.

Mr. V. M. Mali, AGP for the Respondent No.1-State. CORAM: SUNIL B. SHUKRE & FIRDOSH P. POONIWALLA,JJ.

DATED : 5th OCTOBER, 2023.

ORAL JUDGMENT (Per SUNIL B. SHUKRE, J.):- Heard.

RULE. Rule is made returnable forthwith and heard finally by consent of the parties.

The facts of the case are not different as those of the similar cases decided earlier particularly, the case of Amol B. Sangar (Writ Petition No.8966 of 2021) decided on 21st February, 2022. Therefore, we find no difficulty in allowing this Petition on similar lines. Accordingly, we pass the following order:- (a) Petition is allowed;

(b) The impugned order is hereby quashed and set aside; (c) Respondents are directed to include the name of the Petitioner in Shalarth Pranali System;

(d) We further direct Respondent No.2 to pay arrears of salary, if any, to the Petitioner;

(e) The above referred directions be carried out within a period of four weeks from the date of the order.

Rule made absolute on the above terms. There shall be no order as to costs.

(FIRDOSH P. POONIWALLA,J.) (SUNIL B. SHUKRE,J.) S.R.JOSHI