Smt. Sanjana Sachin Chougale (Nee Shilatai Madhukar Dhanvade) v. The State Of Maharashtra Thr. Secretary And ORS

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2022.02.26 10:24:31 +0530 sg

11. wp8813-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8813 OF 2021 Smt. Sanjana Sachin Chougale (Nee Shilatai Madhukar Dhanvade) ..

Petitioner v/s.

The State of Maharashtra Through Secretary And Ors.

..

Respondents ....

Mr. Prashant Bhavake, for the Petitioner.

Mrs. P.J. Gavhane, AGP, for State.

Mr. Utkarsh Desai, for Respondent Nos. 6 and 7. ....

CORAM: SUNIL B. SHUKRE & AMIT BORKAR JJ.

DATE : 24 FEBRUARY 2022 P.C:- Heard learned Counsel for the Petitioner, learned AGP for Respondent Nos. 1 to 5 and learned Counsel for Respondent Nos. 6 and 7, who appears by waiving service.

2.

Although it is not in dispute that the appointment of the Petitioner as Shikshan Sevak has received a due approval of Respondent No.5, according to learned AGP, the dispute is about making of irregular appointment and irregular grant of approval of

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11. wp8813-21.doc appointment by Respondent No.5. We have already taken a view that the issue of irregular grant of approval to the appointment of the school employees cannot be raised while considering inclusion of the name of school employee in the Shalarth System and that these two issues are entirely different, the first requiring its consideration on the basis of the G.R. governing Shalarth System and the other requiring consideration of some other factors. Therefore, it would not be proper for Respondent No.4 to refuse to enter name of the Petitioner in the Shalarth System and allot him Shalarth ID.

3.

We direct Respondent No.4 to include name of the Petitioner in the Shalarth System and allot him Shalarth ID within a period of one week from the date of the receipt of the order. 4.

We further direct that salary, together with arrears, if any, be released to the Petitioner in accordance with law. 5.

Writ petition is disposed of in above terms.

(AMIT BORKAR J.) (SUNIL B. SHUKRE, J.)