Bhagyashri Vasanta Gawali v. The State Of Maharashtra Through Its Secretary And Others

2023:BHC-AUG:27246-DB 974wp15578-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 WRIT PETITION NO. 15578 OF 2023 BHAGYASHRI VASANTA GAWALI ....Petitioner

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS .....Respondents .....

Mr. Umakant B. Deshmukh, Advocate for Petitioner Mr. S. K. Tambe, AGP for Respondents State Mr. D. P. Munde, Advocate for Respondent No.5.

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 20th December, 2023 ORDER:

1.

The Petitioner'

s grievance is that the proposal for seeking inclusion of her name in the Shalarth I. D has been rejected by the order dated 28.11.2023. Prayer clause (B) reads as under: "(B) By issuing writ of mandamus or any other appropriate writ, order or direction in like nature, the impugned order/ letter dated 28.11.2023 passed by respondent no. 05 thereby refusing to forward petitioner'

s proposal to the respondent No. 3 for inclusion of her name in the Salarth System may kindly be quashed and set aside and respondent no. 05 may kindly be directed to forward her proposal to the respondent No. 3 for inclusion of her name in the Salarth System and respondent no. 02 may kindly be directed to include her name in Shalarth System by allotting her Shalarth ID within period of 8 weeks and further be directed to respondent nos. 03 & 04 to release due and payable salary of petitioner within period of 10 weeks."

974wp15578-23 2.

It is stated that the Petitioner has failed in the C-TET/TET examination. The learned Advocate for the Management submits on instructions that considering the orders of this Court which are placed on record at page Nos. 70 to 80 of the Petition paper book, the Management is willing to forward the proposal of the Petitioner to the Education Officer.

3.

In view of the above, this Petition is disposed off. 4.

The Respondent Nos. 5 and 6 would forward the proposal of the Petitioner to Respondent No.3-Education Officer (Secondary), ZP, Hingoli along-with copies of the Orders of this Court, dated 10.03.2023 in Writ Petition No. 5429 of 2022, Order dated 14.09.2023 in 1267/2021 and the order dated 01.11.2023 in Writ Petition No. 13654 of 2023, within 30 days from today. The Education Officer would forward the proposal to the Deputy Director of Education, who would consider the said proposal on it'

s merits, keeping in view the orders that are being cited by the Management alongwith relevant documents pertaining to the appointment of the Petitioner, within 30 days thereafter and pass an appropriate order within thirty days. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan