Sachin S/O Wasudeo Gaikwad And Another v. The State Of Maharashtra, Through Secretary, Department Of Education, Mumbai And Others

24 wp 2421.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2421 OF 2019 Sachin s/o Wasudedo Gaikwad and another ...Versus...

The State of Maharashtra, through its Secretary, Department of Education, Mantralaya, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders or directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- - - Ms. Smita S. Dashputre, Advocate for the petitioners. Shri I.J. Damle , AGP for the respondent Nos. 1 and 2. Shri A.D. Mohgaonkar, Advocate for respondent Nos.2 and 3. CORAM : R. K. DESHPANDE AND AVINASH G. GHAROTE, JJ.

DATE : 04/11/2020 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

The petitioners have filed appeals under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 challenging their termination from service. Hence, question of refusal to grant the approval to their appointments can be considered by the School Tribunal. The another relief claimed in this petition is to direct the respondents to release the regular salary from the date of their appointments. The petitioners shall be at liberty to file a civil suit claiming arrears of salary.

24 wp 2421.19.odt Hence, all questions are left open and can be agitated in such proceedings.

3.

In view of above this writ petition is dismissed. No order as to costs.

4.

This order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law. JUDGE JUDGE Wagh