Dr. B.R. Ambedkar Shikshan Sanstha, Hinganghat, Thr. Secretary And Another v. State Of Maharashtra, Thr. Secretary, Education And Sports Dept., Mumbai And ANR

2024:BHC-NAG:12625-DB 959-WP-5507-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 5507 of 2024 Dr.B.R.Ambedkar Shikshan Sanstha, Hinganghat, through its Secretary and another. vs.

The State of Maharashtra and others.

------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. Ram Karode, Advocate for petitioners.

Mr. D. P. Thakre, Additional Government Pleader for respondent no. 1. Mr. N.M.Kolhe, Advocate for respondent no.2.

CORAM :- NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 19th NOVEMBER, 2024 Heard Mr. Karode, learned counsel for the petitioners. 2.

The petitioner no. 2 has since superannuated on 30.06.2024, the law laid down by this Court in Writ Petition No. 1686 of 2024 (Lok Shikshan Mandal and anr. vs. State of Maharashtra and anr.) decided on 09.07.2024 cannot be applied as the petitioner has neither retired in the midst of first session nor in the beginning of the second session.

3.

That being so, the petitioner cannot be extended benefit of Sub-rules (2) and (3) of Rule 17 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. 4.

No fault could be noticed in the impugned decision of the Education Officer. The petition lacks merit and the same is dismissed as such.

(VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Andurkar.