Mrs. Vaishali Amolik Mangle And ANR. v. The State Of Maharashtra Through The Secretary, School Education Dept. And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3979 OF 2015 Mrs. Rajabai Baba Shinde ....Petitioner.

Vs.

The State of Maharashtra & Ors.

....Respondents.

WITH WRIT PETITION (STAMP) NO. 11126 OF 2015 Mrs. Vaishali Amolik Mangle & Anr.

....Petitioners.

Vs.

The State of Maharashtra & Ors.

....Respondents.

Mr. N.V. Bandiwadekar a/w Mr. S.A. Mane for the Petitioner/s. Mr. V.N. Sagare, AGP for the Respondents.

CORAM : ANOOP V. MOHTA AND A.R.JOSHI, JJ.

DATE : 18 APRIL 2015.

ORAL JUDGMENT (PER ANOOP V. MOHTA, J.):- Writ Petition (Stamp) No. 11126 pf 2015 is not on board. Mentioned. In view of urgency, taken on board. Rule, returnable forthwith. Heard finally by consent of the parties.

As the issues involved in both the matters are common, the 1/3

ssm 2 same are being disposed of by this common judgment. The submission is made that the issues are covered by the judgment of the Division Bench of this Court. Therefore, we are inclined to dispose of the aforesaid Petitions. Pursuant to order passed by this Court in M/s. Sandhya Laxman Ghosalkar Vs. The State of Maharashtra (Writ Petition No.5258 of 2012) and other connected matters, dated 12 September 2012 whereby, in similarly situated matters, this Court has observed as under:- "4.

In our view, there was no justification whatsoever for the Education Officer (Secondary) to grant his approval only as Shikshan Sevaks to the three Petitioners. If the Petitioners had been appointed as Assistant Teachers in the aided school by transfer from the unaided school on the basis of seniority, the approval ought to have been granted to them as Assistant Teachers. This is especially so having due regard to the fact that they were similarly circumstanced with other Teachers in whose case approval was granted as Assistant Teachers.

5.

In the circumstances, we quash and set aside the order of the Second Respondent dated 29 March 2012 and direct the Second Respondent to grant approval to the appointments of the Petitioners as Assistant Teachers with effect from 1 August 2011 (the date as mentioned in the approval order dated 29 March 2011). The Education Officer (Secondary) shall pass consequential orders within a period of two weeks from the date on which an authenticated copy of this order is produced on 2/3

ssm 3 his record".

In view of above, and in view of order passed in (Shri Phiroj Chandsaheb Momin & Anr. Vs. The State of Maharashtra, through the Secretary, School Education Department, Mantralaya, Mumbai400032 & Ors.) Writ Petition No.3197 of 2014, dated 16 September 2014, so also in Writ Petition Nos. 676 of 2014, 711 of 2014 and 6639 of 2014, dated 17 September 2014, therefore, in the present cases also we are inclined to grant prayer clause (b) of the respective Petitions for the same reasons.

Both the Petitions are accordingly allowed in terms of prayer clause (b) of the respective Petitions. Rule made absolute accordingly. There shall be no order as to costs.

The parties to act on the basis of an authenticated copy of this judgment.

(A.R.JOSHI, J.) (ANOOP V. MOHTA, J.) 3/3