Anjuman E Taraqui E Urdu Ahmednagar Through Its Chairman And Another v. The State Of Maharashtra Through Its Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO.8782 OF 2023 Sayyad Shoyeb Ayyub.

WRIT PETITION NO. 8789 OF 2023 Baig Sakib Sadiq.

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WRIT PETITION NO. 8797 OF 2023 Shaikh Amir Abdul Jalal.

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WRIT PETITION NO. 8819 OF 2023 Shaikh Jawwad Ashfaque ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 24.07.2023 PER COURT :

Heard.

The petitioners-Management and the individual employees are aggrieved by the orders passed by the respondent Deputy Director of Education refusing to grant approval to inclusion of the names of the employees in the online portal provided for disbursement of salary, on the ground that there is no staffing pattern approved in respect of the nonteaching staff of schools. 3.

As can be seen, the initial appointments of the respective petitioner3/4

employees has been accorded approval. The current issue is only regarding the inclusion of their names in the Shalarth I.D. so that the salaries can be disbursed.

4.

Considering the purport of the impending action, the question of approval to the staffing pattern would be completely out of context and wholly irrelevant. A coordinate bench of this Court in the matter of Amol Baban Sangar Vs. State of Maharashtra in Writ Petition No. 8966 of 2021 (Nagpur Bench) has inter alia emphatically laid down the limited scope available with the Deputy Director of Education when a proposal is received for inclusion of name of an employee in the online portal. The ground mentioned in the impugned communication is completely de hors the enquiry.

5.

In Writ Petition No. 8020/2023 (Anjuman-e-Taraqui-e-Urdu, Ahmednagar Vs. State of Maharashtra) in respect of the same management, by the order dated 10.07.2023, we had directed inclusion of the names of the employees in the online portal by resorting to reconsideration. 6.

The Writ Petitions are partly allowed. The impugned orders are quashed and set aside. The matter is relegated back to the respondent No. 3-Deputy Director of Education for decision afresh for granting approval to the petitioner Nos. 2 in all these petitions, for inclusion of their names in the Shalarth ID. However, the orders shall not be passed on the ground on which the impugned orders have been passed. The decision shall be taken within six weeks from today.

( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 4/4