Nandkumar Baburao Menkhudale And ORS v. The State Of Maharashtra Thr The Secretary School Education And Sports Dept And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 11080 OF 2022 DISTRICT; SOLAPUR Shri. Nadkumar Baburao Menkudale, ] 1.
Age: 54 Years, Occupation: Service, R/o, A/P. Katphal, Taluka: Sangola, Shri. Kumar Subrao Gade, 2.
Age; 53 Years, Occupation: Service, R/o. A/P, Sangola, Taluka: Sangola, ] Shri. Shahaji Bira Kharat, Age; 52 Years, Occupation: Service, ] R/o. A/P. Katphal, Taluka: Sangola, ] ]-Petitioners
VERSUS
The State of Maharashtra, 1.
Through the Secretaiy, School Education and Sports Department, Mantralaya, Mumbai - 400 032.
2.
The Commissioner of Education,
School Education Department, Maharashtra State, Pune.
Having office at, Central Building, First floor, Dr Annie Besant Rd, Agarkar Nagar, Pune- 411001.
The Director of Education, (Secondary and Higher Secondary), Maharashtra State, Pune, r Having office at. Central Building, c;.
Camp, Near Sasun Hospital, Pune-1. ] aThe Deputy Director of Education, 4.
Pune Region, Pune, Having office at, 17, Dr. Babasaheb ] Ambedkar Road, Camp, Pune-411001.] The Education Officer (Secondary), ] 5.
Zilla Parishad, Solapur, Having Office at, Zilla Parishad Building, Solapur, Katphal Shikshan Prasarak 6.
Mandal, Katphal,Taluka: Sangola, ] Through its Secretary,
7.
Shri. Pandurang Vidyalaya, Katphal, Taluka: Sangola, Through its Head Master, Shri. Pratapsinh Vidyalaya 8.
Kalewasti (Chandapuri), Taluka: Sangola, District: Solapur,] Through its Head Master, ]-Respondents ■1 Coram:
Hon'ble G.S.Patel & Smt. Neela Gokhale JJ Date: 06-04-2023 CONSENT TERMS The Petitioners and contesting Respondents i.e. Respondent No.6-Educational Institution and Respondent No.7 and 8-Secondary Schools in the Writ Petition have amicably settled the disputes in respect of subject matter of present Writ Petition on terms as stated hereinunder. Hence by consent of the parties, the Writ Petition is disposed off in following terms.
1. That after taking a humanitarian and sympathetic view, the Respondent Nos,6 to 8 agreed to grant upgradation to the Petitioners as well as one more Asst. Teacher viz. Shri. Ramchandra Vishwanath Yadav from the post of Trained UnderGraduate Teacher (D.Ed. scale) into the post of Trained Graduate
Teacher (B.Ed. Scale) within period of 2 weeks by taking into consideration their seniority as well as by taking into consideration relevant statutory provisions and/or existing Government Resolutions/Policy Decisions regarding such upgradation from the post of Trained Under-Graduate Teacher (D.Ed. scale) into the post of Trained Graduate Teacher (B.Ed. Scale).
2.
The Respondent Nos.6 to 8 are further agreed to forward the proposal for approval to upgradation of the .r Petitioners as well as aforesaid Shri. Ramchandra Vishwanath Yadav from the post of Trained Under-Graduate Teacher (D.Ed. scale) into the post of Trained Graduate Teacher (B.Ed. Scale) within the period of two weeks from the date of granting such upgradation. The Respondent No.5-Education Officer shall take decision on the same in accordance with law within 15 days from the date of receipt of the said proposal.
The Petitioners and the Respondent Nos.6 to 8 agree that all the allegations made by them against each other are hereby stand withdrawn and both parties agree that all such allegations including any complaints/ proceeding/ representations made to any other Authority/ Forum shall be withdrawn by the concerned party immediately.
The present Writ Petition No. 11080 of 2022 is disposed of by consent of both parties in the aforesaid terms. No order as to costs.
Place:
Mumbai Dated :
.04.2023 Advocate Petitioners Petitii 0.1 Petitt tNo.2 Petitioner No.3 '''CTO ftrW OTTW 4^, Advocate for Respondent Nos. 6 to 8 Respondent No. 6 nead Master Pratapslnh Vidyalaya (Kalevast? 5 HeaaMasier Shri Pandurang Vidyalaya Kataphal, Tai. Sangola, Dist. Solapur Respondent No. 1 Chandapuri, Tat Malshlras Cist Solapur Respondent No. 8