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Bombay High CourtWP/14080/2022disposed off

Madhuri Mahadu Bhoye v. The Education Officer, Secondary Zilla Parishad, Thane And ORS

2024-03-28Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. M. Sathaye2 pages

Husen 1 56 WP-14080-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14080 OF 2022 Madhuri Mahadu Bhoye

...Petitioner

Versus

The Education Officer, Secondary Zilla Parishad, Thane And Ors.

...Respondents

**** Mr. Nitin Deshpande, for Petitioner.

Ms. A.A. Purav, AGP for Respondent Nos. 1 to 7. Mr. Vinayak Kumbhar i/b. A.N. Bandiwadekar, for Respondent No.8.

**** CORAM: NITIN JAMDAR & M.M. SATHAYE, JJ.

by HUSENBASHA RAHAMAN NADAF Date: 2024.04.17 10:25:41 +0530 HUSENBASHA RAHAMAN NADAF DATE : 28 MARCH 2024 P.C.:

.

Learned counsel for the Respondent- Management submits that Respondent- Management will submit a fresh proposal placing on record all the necessary documents and the judgments of this Court regarding the appointment made in the reserved category and the requirement of surplus teachers, also the efforts made by the Management, if any, to call upon the education authorities to send surplus teachers.

2.

Once such a proposal is submitted by the RespondentManagement, the Education Officer will consider the same as per law and take necessary decision within a period of eight weeks

Husen 2 56 WP-14080-2022.doc subject to earlier time-bound directions and public duties. In case the Respondent- Education Officer is proceeding to reject the proposal, he will inform the proposed grounds of rejection to the RespondentManagement calling upon the Respondent- Management to submit their explanation. If any judgment of this Court is cited, the Education Officer will deal with the same. Deliberate avoidance of dealing with the decision of this Court will be viewed seriously and also considered as contemptuous act.

3.

Writ petition is accordingly disposed of.

4.

Till such approval is granted, the Respondent- Management will have to pay the salary as per the Rules to the Petitioner being primary employer and cannot terminate the services of the Petitioner on the ground that the approval is not secured. ( M.M. SATHAYE, J.) ( NITIN JAMDAR, J.)