Aiman Ahtesham Shaikh v. The State Of Maharashtra Thr. Dept. Of School Education And ORS
1 25-1-WP-8972-21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8972 OF 2021 Mrs. Aiman Ahtesham Shaikh ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents WITH WRIT PETITION NO.1756 OF 2022 Amit Ganpati Bhosale ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents WITH WRIT PETITION NO.8974 OF 2021 Shilpa M. Jadhav ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents WITH WRIT PETITION NO.8973 OF 2021 Sandesh Chkranarayan ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents WITH WRIT PETITION NO.1758 OF 2022 Rakesh Annaso Patil ..Petitioner V/s.
The State of Maharashtra & Ors.
..Respondents by RAJESHWARI SUBODH KARVE Date:
2022.02.25 18:22:59 +0530 RAJESHWARI SUBODH KARVE
2 25-1-WP-8972-21.doc ---- Mr. Chetan G. Patil a/w. Mr. Mandar G. Bagkar for the Petitioners. Mr. N. K. Rajpurohit, AGP for the Respondent-State. ---- CORAM : SUNIL B. SHUKRE AND AMIT BORKAR, JJ.
DATE : 21 FEBRUARY 2022.
P. C.
Heard. Rule. Rule is made returnable forthwith by consent of the parties.
2.
The facts not in dispute in these Petitions are regarding dates of appointment of the Petitioners as Junior Clerk, and dates/approval of their appointment as Senior Clerk. 3.
The details of these Petitioners concerning their dates of appointment, date of approval, date of impugned order and post at which the approval were granted are given in tabular form as follows: Name Writ Petition No.
Post Date of appointment Approval Impugned date order date Mrs. Aiman Ahtesham Shaikh 8972/2021 Junior Clerk 10/11/2012 w. e. f.
12/11/2012 2/9/2020 15/12/2020 and 21/12/2021 Mr. Amit G. Bhosale 1756/2022 Junior Clerk 1/8/2011 3/8/2021 29/9/2021 Smt. Shilpa M. Jadhav 8974/2021 Junior Clerk 1/6/2011 31/3/2020 and 2/9/2020 15/12/2020 and 20/10/2021 Mr. Sandesh Chakranarayan 8973/2021 Junior Clerk 3/3/2012 31/3/2020 and 2/9/2020 15/12/2020 and 20/10/2021
3 25-1-WP-8972-21.doc Name Writ Petition Post Date of appointment Approval Impugned No.
date order date Mr. Rakesh A.
Patil 1758/2022 Shikshan Sevak/ Assistant Teacher 1/8/2019 24/4/2020 23/11/2020 4.
However, when it comes to inclusion of their names in the Shalarth system, the Deputy Director , Education saw some irregularity in their appointment and therefore, by impugned order refused to enter their names in the Shalarth system.
5.
In Writ Petition No.8966/2021 we have already taken a view that while considering the names of school employees for their inclusion in Shalarth system, the Deputy Director, Education has no authority to reopen the issue of grant of approval to the appointment of school employees in unfavourable manner or otherwise and that he cannot go beyond the parameters prescribed in the Government Resolution dated 7/11/2012. The facts of these Petitions are similar to the facts of the said Petition and therefore, the issue involved in all these Petitions would be covered by the decision rendered by us today in Writ Petition No.8966/2021.
6.
The Petitions are therefore allowed in terms of prayer clause (a) for the same reasons as stated in Writ Petition
4 25-1-WP-8972-21.doc No.8966/2021. We further direct that names of all the Petitioners be included in the Shalarth system, in accordance with law at the earliest. (AMIT BORKAR, J.) (SUNIL B. SHUKRE, J.)