Jagdish Shanmukhanand Nagure v. The State Of Maharashtra And Others

2025:BHC-AUG:17660-DB 951-WP-8177-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 951 WRIT PETITION NO. 8177 OF 2025 JAGDISH SHANMUKHANAND NAGURE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. S. S. Thombre, Advocate for the Petitioner Mr. A. B. Girase, Government Pleader for the Respondents - State ....

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 08.07.2025 PER COURT :- 1.

Heard the learned counsel for the Petitioner. 2.

By this Petition, the Petitioner is seeking a writ against the private management i.e. Respondent No.3, for recovery of "arrears" of salary from the date of appointment i.e. 22.01.1999. The Petition has been filed in the year 2025, which is more than 26 years after the date of appointment of the Petitioner. The Petitioner expects us to believe that he had worked in the school run by Respondent No.3 private management for 26 years without

(( 2 )) 951-WP-8177-2025 salary. There is nothing to show that such a Writ of Mandamus can be demanded against a private management on the ground that for 26 long years the matter remained pending with regard to the demand of the Petitioner for such salary.

3.

The learned counsel for the Petitioner is harping upon a document dated 04.03.2025, issued by the Respondent Joint Director of Vocational Education and Training, which only records that approval is granted on permanent non-grant basis to the appointment of the Petitioner. We fail to understand how the said document can either explain the laches on the part of the Petitioner and as to how this Writ Petition can be entertained in the facts and circumstances of the present case.

4.

The Petitioner could have raised his grievances in an appropriate proceeding within a reasonable time from the date of his appointment, i.e., 22.01.1999. Evidently, no such steps have been taken by the Petitioner for the last 26 years, and now this Writ Petition is filed seeking a Writ of Mandamus against Respondent No.3, which is a private management.

(( 3 )) 951-WP-8177-2025 5.

No case is made out to entertain the present Writ Petition. Accordingly, the Writ Petition is dismissed. Needless to say, the Petitioner may take such steps as available in law, including approaching the competent Civil Court, to seek redressal, strictly in accordance with law.

[ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS