Divate Vinod Bhimraj v. The State Of Maharashtra Through The Principal Secretary And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 WRIT PETITION NO. 4987 OF 2022 Divate Vinod S/o. Bhimraj, ...PETITIONER Age-34 years, Occu-Asst. Teacher, R/o. Ku8mabharwadi, Tq. Sangamner, Dist. Ahmednagar

VERSUS

The State of Maharashtra, ...RESPONDENTS Through the Principal Secretary, Secondary School Education Department, Mantralaya, Mumabai-32 The Deputy Director of Education, Pune Region, Pune, 411 001 Sahyadri Bahujan Vidya Prasarak Samaj, A/p. & Tq. Sangamner, Dist. Ahmednagar, Pin Code 422 605 Through its Secretary Sahakarmaharshi Bhausaheb Santuji Thorat, Madhyamik Vidyalaya, A/P Khali, Tq. Sangamner, Dist. Ahmednager Mr. S. K. Tambe, AGP for the respondents/State AND 954 WRIT PETITION NO. 5003 OF 2022 Vaidya Pallavi D/o. Badshaha, ...PETITIONER Age-29 years, Occu-Asst. Teacher,

(2) R/o. Kolhewadi, Tq. Sangamner, Dist. Ahmednagar

VERSUS

The State of Maharashtra, ...RESPONDENTS Through the Principal Secretary, Secondary School Education Department, Mantralaya, Mumabai-32 The Deputy Director of Education, Pune Region, Pune, 411 001 Sahyadri Bahujan Vidya Prasarak Samaj, A/p. & Tq. Sangamner, Dist. Ahmednagar, Pin Code 422 605 Through its Secretary Bhimaji Ambuji Shinde Biroba Vidyalaya A/P Rahimpur, Tq. Sangamner, Dist. Ahmednager Mr. S. K. Tambe, AGP for the respondents/State AND 969 WRIT PETITION NO. 2752 OF 2022 Gorde Hemant Sopan, ...PETITIONER Age-31 years, Occu-Service, R/o. Astagaon, Tq. Rahata, Dist. Ahmednagar

VERSUS

The State of Maharashtra, ...RESPONDENTS Through the Principal Secretary,

(3) Secondary School Education Department, Mantralaya, Mumabai-32 The Deputy Director of Education, Pune Region, Pune, 411 001 Shri Ganesh Vidya Prasarak Mandal, Ganesh Nagar, Post Ranjangaon (Kd), Tq. Rahata, Dist. Ahmednagar, Through its Executive Trustee Rajmata Jijau Madhyamik Vidyalaya, Ganesh Nagar, Ranjangaon, (Kd) Tq. Rahata, Dist. Ahmednagar, Mr. A. R. Kale, AGP for the respondents/State Mr. S. S. Wagh, Advocate for the respondent Nos. 4 and 5 AND 970 WRIT PETITION NO. 2775 OF 2022 Thombre Nandkumar Madhukar, ...PETITIONER Age-31 years, Occu-Service, R/o. Shirdi, Tq. Rahata, Dist. Ahmednagar

VERSUS

The State of Maharashtra, ...RESPONDENTS Through the Principal Secretary, Secondary School Education Department, Mantralaya, Mumabai-32 The Deputy Director of Education, Pune Region, Pune, 411 001

(4) Shri Ganesh Vidya Prasarak Mandal, Ganesh Nagar, Post Ranjangaon (Kd) Tq. Rahata, Dist. Ahmednagar, Through its Executive Trustee Jai Hanuman Vidyalaya, At Ranjangaon Deshmukh, Tq. Kopargaon, Dist. Ahmednagar Mr. A. R. Kale, AGP for the respondents/State Mr. S. S. Wagh, Advocate for the respondent Nos. 4 and 5 CORAM:R. D. DHANUKA & S. G. MEHARE, JJ.

DATE:04th May, 2022 JUDGMENT:

Rule. Rule made returnable forthwith.

The learned AGP waives service of notice for the respondents/State.

By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for setting aside the order passed by the Dy. Director Education dated 08-04-2022 regarding

(5) rejection of the proposal for inclusion of name of the petitioner in Shalarth ID for monthly salary payments.

It is not in dispute that the Education officer has already approved the appointment of the petitioner. The proposal was submitted by the Management for inclusion of the name of the petitioner in Shalarth Pranali on 27/11/2021. By order dated 08-04-2022 the Dy. Director of Education has rejected the proposal on the ground that there was no explanation as regards the vacancy of unaided post occurred in 2018.

The learned counsel for the petitioner invited our attention to the judgment of this court passed on 21-01-2022 in WP No. 8881 of 2021 (Abhijit Ashok Waje Vs The State of Maharashtra and others) and other companion matters and would submit that Dy. Director Education has no jurisdiction or authority to reject the proposal for inclusion of the employee in Shalarth ID unless there are allegations of fraud or suppression against the employee or management. He would submit that in this case no such allegations are made by the respondent No.2-Dy. Director of Education.

6.

Since the Education Officer has already

(6) granted approval to the appointment of the petitioner, Dy. Director of Education could not have rejected the proposal for inclusion of the name of the petitioner in Shalarth ID on the ground that there was no explanation as regards the vacancy for unaided post occurred in 2018.

7.

In our view the order passed by the Dy.

Director is totally without authority and contrary to the well settled the principle of law laid down by this court in writ petition No. 8881 of 2021 in the case of Abhijit Ashok Waje (supra) and in catena of decisions delivered by this court subsequently. We accordingly pass the following order:

ORDER

i.

The writ petition is allowed in terms of prayer clause-B and C.

ii. Name of the petitioner shall be included in the Shalarth ID within the period of two weeks from the date of communication of this order. Arrears of salary if any shall be released within four weeks thereafter.

iii.Rule is made absolute.

(7) iv. Parties to act upon authenticated copy of this order.

[S. G. MEHARE, J.] [R. D. DHANUKA, J.] VishalK/wp4987.22.odt