Narsing Aarshi Valvi And Others v. The State Of Maharashtra Through The Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8130 OF 2022 NARSING AARSHI VALVI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr.G.D.Jain, Advocate for the petitioners.

Mr.S.K.Tambe, AGP for respondent Nos. 1 and 3. Mr.P.S.Patil, Advocate for respondent No.2.

( CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.) DATE : AUGUST 5, 2022 PER COURT :

1.

We have considered the submissions of the learned Advocates for the petitioners and respondent No.2 and the learned AGP on behalf of respondent Nos. 1 and 3.

2.

The 53 petitioners have put forth prayer clause B as under :- "B. By way of appropriate writ, order or direction in the like nature, this Hon'

ble High Court be pleased to issue directions to the respondent No.3 / The Deputy Secretary, School Education and Sports Department, Mantralaya, Mumbai to decide communication dated 10.01.2022 addressed by the respondent No.2 / The Chief Executive Officer, Zilla

- 2 - Parishad, Nandurbar, to the respondent No.3/ The Deputy Secretary, School Education and Sports Department, Mantralaya, Mumbai in respect of getting Untrained Teacher Pay Scale. (Exhibit-N) and to decide communication dated 10.05.2022 addressed by the respondent No.2 / The Chief Executive Officer, Zilla Parishad, Nandurbar, to the respondent No.3 / The Deputy Secretary, School Education and Sports Department, Mantralaya, Mumbai, in respect of getting Untrained Teacher Pay Scale (Exhibitor O)."

3.

We have perused the order dated 27.05.2022 passed by the C.E.O., Zilla Parishad, Nandurbar indicating that guidance / assistance is sought from the Finance Department and the School Education and Sports Department, Mantralaya, Mumbai vide communication dated 10.01.2022 and 10.05.2022. The guidance is awaited. 4.

In view of the above, the learned Advocate for the petitioners submits that if certain directions are issued to respondent Nos. 1 and 3, respondent No.2 can redress the grievance of the petitioners. 5.

As such, this petition is disposed off with the following directions :- [a] Respondent Nos. 1 and 3 would extend the necessary guidance /

- 3 - sanction to respondent No.2, as expeditiously as possible and preferably on or before 21.10.2022.

[b] Based on such guidance, the CEO would pass appropriate orders on or before 15.12.2022.

[c] If the petitioners find that their grievance is not redressed thereafter, they would be at liberty to avail of a remedy as is permissible in Law.

( ARUN R. PEDNEKER, J. ) ( RAVINDRA V. GHUGE, J.)