Maharashtra Rajya Prathamik Shikshak Sangh v. The State Of Maharashtra Through The Principal Secretary, School Edu. And Sports Dept. And ORS.

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 12761 OF 2015 WITH CIVIL APPLICATION No. 950 OF 2016 Maharashtra Rajya Prathamik Shikshak Sangh ...

Petitioner Vs.

The State of Maharashtra ...

Respondent And Mr. Yogesh Ramu Hannurkar & Ors.

...

Applicants (in CAW 950/2016) *** Mr. Saurabh Butala, for the Petitioner.

Mr. V. B. Thadani, AGP for the Respondent Nos. 1 and 2. Mr. Sugandh Deshmukh, for the Intervenor.

*** CORAM : V. M. KANADE, & M. S. SONAK, JJ.

DATE : JULY 25, 2016 PC.

.

By this petition, which is filed under Article 226 of the Constitution of India, Petitioners are seeking following reliefs: (a) That this Hon'ble Court may be pleased to issue writ of mandamus and / or any appropriate writ;

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(b) That this Hon'ble Court may be pleased to direct the Respondent No. 3 Corporation to strictly comply with the Government Resolution dated 22/05/2013;

(c) That this Hon'ble Court may be pleased to direct the Respondents to repatriate the services of all the teachers enrolled and engaged in non-teaching activities who were originally appointed and enrolled to perform teaching activities, to their original posts in the Respondent No. 3 Corporation's Schools for performing teaching activities in accordance with Government Resolution dated 22/05/2013;

(d) Any other order in the interest of justice may kindly be passed.

2.

The Petitioner is an association of teachers. The petition is not filed by those teachers, who are aggrieved by non compliance of the G. R. dated 22nd May, 2013. Writ petition is in the nature of PIL. It is well settled that PILs in respect of service matter are not entertained by this Court, as per the law laid down by the Apex Court. Hence, we decline to entertain this petition. Writ petition is therefore dismissed, reserving the right of the teacher, who is aggrieved by non 2 / 3

implementation of the said G. R. dated 22nd May, 2013. Writ petition is accordingly disposed of in the aforesaid terms. 3.

In view of dismissal of the writ petition, Civil Application No. 950 of 2016 filed therein does not survive and is accordingly disposed of.

Sd/- Sd/- [M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath 3 / 3