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Bombay High CourtWP/2323/2020disposed off

Pravin Maruti Thombre v. The State Of Maharashtra Through The Secretary, Dept. Of School Edu. And Sports And ORS

2024-01-08Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. M. Sathaye2 pages

Trupti 1 33-wp-2323-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2323 OF 2020 Pravin Maruti Thombre ...

Petitioner versus The State of Maharashtra and Others ...

Respondents .......

Mr.Saurabh Pakale i/b. Mr. S.M.Katkar for the Petitioner. Ms.R.A.Salunkhe, AGP for Respondent Nos. 1 to 4-State. .......

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

TRUPTI SADANAND BAMNE DATE : 8 JANUARY 2024 by TRUPTI SADANAND BAMNE Date: 2024.01.15 16:02:44 +0530 P.C.:

Heard the learned Counsel for the parties.

2.

The Petitioner is seeking to question the policy of the State Government regarding grant-in aid. The order is communicated to the Respondent No.5 -Management. The Respondent No.5 - Management, who is added with leave of the Court, has not challenged this policy of the State. If the Respondent No.5Management is aggrieved by the policy of the State and consequential directions, nothing stops the Respondent No.5Management from challenging the same on merits.

Trupti 2 33-wp-2323-2020.doc 3.

Grievance of the Petitioner is that in view of the impugned order, the Respondent No.5- Management is not paying full salary. This cannot be the ground for the Petitioner alone to challenge the State's policy as the Respondent No.5- Management, is under duty, being primary employer to pay salaries as are due and as are specified under the Rules to its employees.

4.

With these observations and directions, we dispose of the writ petition giving liberty to the Petitioner to place a copy of this order before the Respondent No.5-Management calling upon the Respondent No.5- Management to pay full salary to the Petitioner. In case the Respondent No.5-Management does not do so, we grant liberty to the Petitioner to bring it to the notice of the Education Officer (Secondary) for necessary orders.

5.

If the Respondent No.5-Management files a writ petition, it will be considered on its own merits.

(M.M.SATHAYE, J.) (NITIN JAMDAR, J.)