Satapa Hidurao Patil v. The State Of Maharashtra The The Secretary And ORS

rsk 1 112-WP-ST-25360-21-F.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION [STAMP] NO.25360 OF 2021 Mangal Shivaji Bhivarkar (Mangal Kalidas Shendage) WRIT PETITION [STAMP] NO.1 OF 2022 Rahul Lahu Patil WRIT PETITION [STAMP] NO.2 OF 2022 Mahendra Maruti Gharat Digitally signed by RAJESHWARI SUBODH KARVE Date:

2022.04.25 10:54:43 +0530 RAJESHWARI SUBODH KARVE

rsk 2 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.5 OF 2022 Madhuri Subhash Salunke WRIT PETITION [STAMP] NO.6 OF 2022 Dattatray Mahadeo Ghatage WRIT PETITION [STAMP] NO.12 OF 2022 Varsha Sanchit Mane (Ms. Rekhatai G. Gaikwad) WRIT PETITION [STAMP] NO.13 OF 2022 Ashatai Bhagoji Kandgal

rsk 3 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.55 OF 2022 Yojana Sachin Patil (Ms. Yojana Shashikant Patil) WRIT PETITION [STAMP] NO.618 OF 2022 Sachin Kumar Namdeo Shinde WRIT PETITION [STAMP] NO.1390 OF 2022 Vikas Ashok Chavan WRIT PETITION [STAMP] NO.1577 OF 2022 Krushnarao Baburao Waingade

rsk 4 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.1578 OF 2022 Smt.Rohini Ramesh Gawade WRIT PETITION [STAMP] NO.1579 OF 2022 Vrushali Balu Kharat WRIT PETITION [STAMP] NO.1580 OF 2022 Amol Nagnath Talekar WRIT PETITION [STAMP] NO.25344 OF 2021

rsk 5 112-WP-ST-25360-21-F.doc Suvarna Gamajirao Patil WRIT PETITION [STAMP] NO.25347 OF 2021 Laxmi Sanjay Patil WRIT PETITION [STAMP] NO.25348 OF 2021 Sunita Bhausaheb Mohite WRIT PETITION [STAMP] NO.25351 OF 2021 Vijayatai Shankarrao Chavan

rsk 6 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.25354 OF 2021 Sandeep Harishchandra Kangude ] WRIT PETITION [STAMP] NO.25355 OF 2021 Nitin Jaysing Salunkhe WRIT PETITION [STAMP] NO.25356 OF 2021 Dipali Mansing Patil WRIT PETITION [STAMP] NO.25361 OF 2021 Sunita Pandurang Kolapkar

rsk 7 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.25364 OF 2021 Nayana Narayan Kanse WRIT PETITION [STAMP] NO.25367 OF 2021 Shital Tukaram Shinde WRIT PETITION [STAMP] NO.25368 OF 2021 Rupali Prakash Yadav WRIT PETITION [STAMP] NO.25370 OF 2021 Sujata Dasharath Kumbhar

rsk 8 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.25376 OF 2021 Shanta Jaykumar Gaikwad WRIT PETITION [STAMP] NO.25401 OF 2021 Rekha Dinkar Wadkar WRIT PETITION [STAMP] NO.25426 OF 2021 Milind Arvind Kamble WRIT PETITION [STAMP] NO.25714 OF 2021 Santosh Narayan Gade

rsk 9 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.25715 OF 2021 Yogesh Nanaso Mohite WRIT PETITION NO.3399 OF 2022 Satapa Hindurao Patil WRIT PETITION [STAMP] NO.25718 OF 2021 Dashrath Tatyaba Sukre WRIT PETITION [STAMP] NO.25719 OF 2021 Ravikiran Krishna Jadhav

rsk 10 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.1423 OF 2022 (NOT ON BOARD) Annaso Shamrao Bagal WRIT PETITION [STAMP] NO.7720 OF 2022 (NOT ON BOARD) Dipali Narayan Kshirsagar WRIT PETITION [STAMP] NO.7768 OF 2022 (NOT ON BOARD) Ratnakar Tukaram Gharat

rsk 11 112-WP-ST-25360-21-F.doc WRIT PETITION [STAMP] NO.9003 OF 2022 (NOT ON BOARD) Deepali Shashikant Phalle .....

Mr. Chetan G. Patil i/b Mr. Vinayak Kumbhar, for Petitioners. Mr. V.M. Mali, A.G.P, for Respondent-State.

Mr. N.V. Bandiwadekar a/w i/b Ashwini N. Bandiwadekar, for Respondent No.3.

.....

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

DATE : 11 APRIL, 2022.

P. C.

Writ Petition (St) Nos.9003/2022, 7768/2022, 7720/2022 and 1423/2022 are not on board. They are taken on board upon their production.

2.

Heard.

3.

Rule. Rule made returnable forthwith by consent of

rsk 12 112-WP-ST-25360-21-F.doc the parties.

4.

In all these petitions, the petitioners are working as Assistant Teachers on clock hour basis on aided post. The petitioners have prayed to the management for considering their claim as being appointed on full time posts. The claim of the petitioners was not properly considered by the management and so these petitioners were compelled to file all these petitions seeking direction to the management to accommodate/absorb the petitioners on full time aided post of Assistant Teachers and thereafter submit proposal to respondent No.2 Deputy Director of Education or Education officer, as the case may be for grant of approval to such appointment of the petitioners. The petitioners have also sought a direction to the Education Officer or Deputy Director of Education as the case may be to decide the proposals which would be eventually sent by the management to him seeking his approval to the appointment of the petitioners on full time aided post as Assistant Teachers with all consequential benefits. 5.

Now, the dispute between the petitioners on one hand and the management that is Respondent No.3 in each of the petitions on the other hand has been amicably settled. The consent terms of the settlement between these parties have been recorded jointly by each of the petitioners on one hand and duly authorized representative of respondent No.3 on the other. These consent terms are taken on record and they are marked collectively as document 'A'. The original consent terms are filed on record of Writ Petition No.1/2021 and shall form part of paper book of that

rsk 13 112-WP-ST-25360-21-F.doc petition. However, for the sake of convenience this consent term would also be treated as part of the paper book of the remaining writ petitions.

6.

Duly authorized representatives of respondent No.3 who have signed the consent terms at document 'A' and some of the petitioners are present before this court. They have been duly identified by their learned respective counsel. All of them have endorsed to the consent terms at document 'A'. 7.

In the Consent Terms incorporated at 'A' there are various terms and conditions on the basis of which amicable settlement between aforesaid parties is reached. One of the important terms reveals that after finalization of the combined seniority list and the appointment of the petitioners as mentioned in the consent terms, the management agrees and undertakes to submit the proposal to the Education Officer/ Deputy Director of Education as the case may be for seeking his approval to the appointment of even of the petitioners as stated in the Consent Terms within a period of 4 weeks from the date of appointment on regular posts.

rsk 14 112-WP-ST-25360-21-F.doc with law.

8.

The Consent Terms at 'A' also takes care of the contingency of the Education officer, Deputy Director of Education as the case may be declining to grant approval to the appointment of the petitioners on full time posts. In that eventuality, the Consent Term records the agreement of the parties that the concerned petitioners would neither claim any financial benefits in the form of salary along with honorarium, difference in salary or honorarium, provident fund against the management nor the concerned petitioners would have any right to the post of Assistant teacher in which he/she was till then working, though the aggrieved petitioners would be at liberty to challenge the order of refusal of approval passed by the concerned Education Officer/Deputy Director of Education by filing appropriate proceeding before the State Government and its officers. 9.

In view of the above, we find that the purpose of the petitions have been completely served by the Consent Terms at 'A'. Undertakings given by respective parties to each other, therefore, are treated as undertakings given to this Court and are accepted. The Petitions, thus need to be disposed of in terms of consent terms 'A' and are disposed of so.

10.

Rule is made absolute in the aforesaid terms. No costs. [G. A. SANAP, J.] [SUNIL B. SHUKRE, J.]