Smt. Sangita Sureshrao Chopde v. The Education Officer (Sec.), Zilla Parishad, Nagur And Others

2025:BHC-NAG:11188-DB -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 5619 OF 2025 PETITIONER :

Smt. Sangita Sureshrao Chopde, Aged - 49 Years, Occu. Service, R/o. Plot No.87, Durganagar, Near Gadewar Lawn, Ayodhyanagar, Nagpur.

//VERSUS// RESPONDENTS : 1. The Education Officer (Sec.), Zilla Parishad, Nagpur.

2. Mahadula Village Development Scheme, Mahadula, Koradi, Tah.

Kamthee, Dist. Nagpur, through its Chairman.

3. Sevanand Vidyalaya, Mahadula, Koradi, Tah. Kamthee, Dist. Nagpur, through its Headmaster.

------------------------------------------------------------------------------------------------ Mr. P.N. Shende, Advocate for the Petitioner. Ms. S.S. Jachak, Addl. G.P. for Respondent No.1/State. ------------------------------------------------------------------------------------------------ CORAM : SMT. M.S. JAWALKAR AND RAJ D. WAKODE, JJ.

DATED : 15 th OCTOBER , 2025.

ORAL JUDGMENT :- (PER : RAJ D. WAKODE, J.) Heard Mr. Shende, learned counsel for the petitioner. 2.

Since the petitioner is pressing his prayer under Clause (A), seeking a direction to respondent No.1 - Education Officer (Secondary), Zilla Parishad, Nagpur, notice is being issued only to

-2respondent No.1. Therefore, no notice is required to be issued to respondent Nos.2 and 3.

3.

Issue notice to respondent No.1 only.

4.

Ms. Jachak, learned Additional Government Pleader, waives notice on behalf of respondent No.1.

5.

RULE. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the parties. 6.

The petitioner is an Assistant Teacher who was appointed on 16th October, 1999 in respondent No.3 - School, which is run by respondent No.2 - Management. The contention of the petitioner is that she is entitled to be placed in Category "C" of Trained Graduate Teachers. However, in the seniority list published by respondent No.3 on 7th April, 2025, she has been placed at Serial No.9, whereas several teachers junior to her have been shown as senior. Being aggrieved by the aforesaid seniority list, she filed an appeal/complaint before respondent No.1 on 7th April, 2025, which is at record page No.24 (Annexure-V).

7.

Mr. Shende, learned counsel appearing for the petitioner, points out that even after a lapse of almost six months, the aforesaid appeal/complaint has not been decided by respondent No.1. He, therefore, seeks a direction of this Court to respondent No.1 to decide the aforesaid appeal/complaint within a stipulated period. 8.

Ms. Jachak, learned Additional Government Pleader appearing for respondent No.1, is also agreeable to the said direction, however, subject to the condition that the aforesaid appeal/complaint has not already been decided by respondent No.1.

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In view of the above, we proceed to pass following order:

O R D E R

(i) The writ petition is allowed.

(ii) Respondent No.1 - Education Officer (Secondary), Zilla Parishad, Nagpur, is directed to decide the appeal/complaint dated 7th April, 2025, submitted by the petitioner, which is placed at record page No.24 (Annexure-V), within a period of eight weeks from today, by granting an opportunity of hearing to all concerned parties. (iii) Rule is made absolute in the above terms. No order as to costs.

(RAJ D. WAKODE, J.) (SMT. M.S. JAWALKAR, J.) Vijaykumar