Faiz Shaikh Bashir v. The State Of Through Its Secretary And Others

1 wp 8138.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8138 OF 2023 Faiz Shaikh Bashir .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mrs. Sabahat T. Kazi, Advocate for the Petitioner. Shri P. S. Patil, Addl.G.P. for the Respondent Nos. 1 and 2. CORAM :

MANGESH S. PATIL AND SHAILESH P. BRAHME, JJ.

DATE :

11 JULY 2023.

FINAL ORDER :

.

Heard the learned advocate for the petitioner. 2.

The petitioner admits that she has not been permitted to discharge the duties in the respondent No. 3/school for last more than two (02) years. Inspite of her representations, she has not been permitted to attend the school and sign the muster. This is sufficient to demonstrate that it is a matter of otherwise termination and the remedy would lie in the form of an appeal under Section 09 of the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977. 3.

The writ petition is disposed of with liberty to the petitioner to prefer an appeal under Section 9 of the M. E. P. S. Act. All issues are kept open.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] bsb/July 23