Sharmila Sandesh Sawant Before Marriage Sharmila Manohar Yelve v. The Education Offer (Secondary) Zilla Parishad Raigad And ORS

2023:BHC-AS:29373-DB 911-wp-5733-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.5733 OF 2022 Sharmila Sandesh Sawant ] before marriage Sharmila Manohar Yelve ] Age- 48 years, Occupation - Service, ] R/at. Mangaon, Taluka - Mangaon, ] District - Raigad.

] ..

Petitioner.

v/s.

The Education Officer (Secondary) ] Zilla Parishad, Raigad, Alibaug.

] Divisional Deputy Director of ] Education, Mumbai ] Javaharlal Balbhavan. Ground Floor,] Netaji Subhash Marg, Charni Road, ] Mumbai 400 004.

] The Secretary, School Education ] and Sports Department, Mantralaya ] Mumbai.

] The President/ Secretary ] Kharavali Division, Shikshan ] Prasarak Mandal, Mangaon, Taluka ] Magaon, Dist- Raigad.

] The Head Master ] Nutan Madhyamik Vidhyalaya ] Kharvali, Taluka Mangaon ] District Raigad.

] ..

Respondents.

Mr. Narendra V. Bandiwadekar, Sr. Advocate with Mr. Yogesh G.Thorat i/b. Mr. Ashok B. Tajane, for the Petitioner.

Mr. N. C. Walimbe, AGP for the Respondent-State. Ms. Bhavika Shinde i/b. Mr. Umesh Mankapure, for Respondent Nos. 5 & 6.

CORAM: SUNIL B. SHUKRE & FIRDOSH P. POONIWALLA,JJ.

DATED : 5th OCTOBER, 2023.

S.R.JOSHI

911-wp-5733-2022.doc 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