Rangadas Swami Shikshan Vikas Mandal v. Regional Deputy Commissioner And ANR.

shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5504 OF 2015 Rangadas Swami Shikshan Vikas Mandal ] Registered Public Trust, Through Its Chairman] Shri Shreeprakash Chandmal Bora ] Petitioner Vs.

Regional Deputy Commissioner ] Social Welfare Department, Pune Region, ] Pune and another.

] Respondents a/w CIVIL APPLICATION NO.486 OF 2019 IN WRIT PETITION NO.5504 OF 2015 Vilas Rambhau Mutyal ] Applicant

IN THE MATTER BETWEEN:

Rangadas Swami Shikshan Vikas Mandal ] Registered Public Trust, Through Its Chairman] Shri Shreeprakash Chandmal Bora ] Petitioner Vs.

Regional Deputy Commissioner ] Social Welfare Department, Pune Region, ] Pune and another.

] Respondents .....

SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2022.03.31

Mr. N. V. Bandiwadekar a/w Mr. Vinayak Kumbhar and Mr. Ajinkya Navale i/b Ms. A.N. Bandiwadekar, for Petitioner/Applicant. Mr. V.M. Mali, A.G.P, for Respondent-State.

Mr. Rupesh Lanjekar, for Applicant in Civil Application No.486 of 2019.

.....

CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

DATE : 30th MARCH, 2022.

P.C.

1.

Heard Mr. Bandiwadekar, learned Counsel for the petitioner and Mr. Mali, learned A.G.P, for respondent-State. 2.

Copy of the order dated 13th December, 2021 passed by the Hon'ble Minister granting approval to the appointment of one of the teachers of the petitioner-School namely Mrs. Aparna Arunrao Bhagwat is produced before the Court. It is taken on record and marked '

A' for identification.

3.

On going through the order marked "A", it appears that some error has crept therein. While it grants approval to the appointment of Smt. Aparna Bhagwat, it does so as "Shikshan Sevak" with effect from 1st August, 2008, though the fact is at the time when Mrs. Archana Bhagwat was appointed as "Assistant Teacher", Shikshan Sevak scheme was not made applicable to the Secondary Ashram School run for Denotified and Nomadic Tribes. Shikshan Sevak scheme, as per the Government Resolution dated 29th October, 2010, became applicable to such schools from the

date of this Government Resolution and this is further confirmed by the Circular issued by OBC Social Welfare Department of the State of Maharashtra on 18th September, 2019. 4.

In the present case, Smt. Aparna Bhagwat was appointed with effect from 1st August, 2008 as "Assistant Teacher" because at that time, scheme of "Shikshan Sevak" was not applicable to petitioner School. However, this fact appears to have been ignored while issuing the order marked as "A". Therefore, correction in this order is necessary. Accordingly, we direct the State to issue a corrected order granting approval to the appointment of Mrs. Aparna Bhagwat as "Assistant Teacher" with effect from 1st August, 2008 in the petitioner-School, within a period of four weeks from the date of receipt of copy of this order. We also direct the respondents to take necessary steps for making payment of difference of arrears of the salary to Mrs. Aparna Bhagwat within a period of eight weeks from the date of receipt of copy of the corrected order.

5.

Petition is disposed of in the abovesaid terms. No costs. 6.

In view of disposal of the petition, Civil Application No.486 of 2019 stands disposed of.

7.

The parties to act upon the authenticated copy of this order. [G.A. SANAP, J.] [SUNIL B. SHUKRE, J.]