Ms. Poonam Sadashiv Patil And ANR v. The State Of Maharashtra Through The Secretary, School Edu. Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7550 OF 2022 Poonam Sadashiv Patil & Anr.

....Petitioners Vs.

The State of Maharashtra & Ors.

....Respondents ALONG WITH WRIT PETITION (STAMP) NO.12013 OF 2023 Anita Santosh Karote & Anr.

....Petitioners Vs.

The State of Maharashtra & Ors.

....Respondents Mr. N.V. Bandiwadekar, Senior Advocate a/w. Mr. Vinayak Kumbhar, Mr. R.K. Khaire & Mr. A.S. Phapale i/b. Ms. Ashwini Bandiwadekar, for the Petitioner.

Mr. N.C. Walimbe, AGP for the Respondent-State. CORAM : SUNIL B. SHUKRE & FIRDOSH P. POONIWALLA, JJ rd OCTOBER, 2023 DATE : 3 ORAL JUDGMENT : {Per : Sunil B. Shukre, J.} 1.

Heard. Rule. Rule is made returnable forthwith, by consent of learned counsel for the parties.

2.

The facts of these cases are squarely covered by the view taken by this Court in the case of Sarika Thakaji Kadali & Anr. V/s. The State of Maharashtra & Ors., in Writ Petition No.7366 of 2023 together with by AARTI GAJANAN PALKAR Date:

2023.10.04 19:06:05 +0530 AARTI GAJANAN PALKAR Aarti Palkar 1/2 88.WP.7550.2022.doc

other petitions, decided on 11 th September, 2023, as the facts are identical and there is no dispute about them. That being so, these petitions would also have to be allowed on similar lines and for same reasons. Accordingly, we allow the petitions with following directions:- (i) The Writ Petitions are allowed.

(ii) Impugned order of withdrawal of the approval passed by the concerned Deputy Director is hereby quashed and set aside. (iii) We direct that the name of the petitioners be included in the Shalarth ID system within two weeks from the date of receipt of the writ of the Court and thereafter, the arrears of salary and salary as payable to each of the petitioners shall be paid to each of the petitioners within a period of eight weeks from the date of inclusion of their names in the Shalarth ID system. 3.

Rule is made absolute in the above terms.

4.

Writ Petition are disposed of accordingly.

[ FIRDOSH P. POONIWALLA, J. ] [ SUNIL B. SHUKRE, J. ] Aarti Palkar 2/2 88.WP.7550.2022.doc