Amol Sampat Morey v. The State Of Maharashtra Through Its Secretary And Others

1 wp 8155.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8155 OF 2023 Amol Sampat Morey .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Ashok R. Tapse, Advocate for the Petitioner. Mrs. M. A. Deshpande, Addl.G.P. for the Respondent Nos. 1 to 4. CORAM :

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

DATE :

11 JULY 2023.

FINAL ORDER :

.

The petitioner is before us being aggrieved by the order passed by the respondent No. 2/Deputy Director of Education dated 29 March 2022 (Exhibit - G) refusing to include his name in the online portal for disbursement of salary. 2.

We have heard both the sides.

3.

The impugned order refusing to include the name of the petitioner in online portal is on the ground that he has not cleared the T.E.T. within the stipulated time. 4.

Admittedly an order passed by this Court as regards not clearing the T.E.T. by the teachers within the stipulated time is under challenge before the Supreme Court in S.L.P. No. 8521 of

2 wp 8155.23 2021. The Supreme Court has directed a status quo to be maintained as on that day.

5.

In the light of the above, we allow the writ petition partly and quash and set aside the impugned order and remit the matter back to the respondent No. 2, who shall take appropriate decision on its own merits, in accordance with law. However, permission to include the name of the petitioner in the online portal shall not be refused on the ground that the petitioner has failed to clear the T.E.T. by the cut off date. The decision shall be taken as expeditiously as possible and in any case within a period of six (06) weeks from today. The writ petition is disposed of.

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