Arun Sakharam Palaskar v. The State Of Maharashtra, Thr. Secretary, School Education Department, Mumbai And Another

1 946-6812-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6812/2023 Arun Sakharam Palaskar Vs.

The State of Maharashtra through its Secretary, School Education Department and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.S. Kshirsagar, Advocate for Petitioner Mrs. D.I. Charlewar, AGP for Respondent No.1 Mr. S.D. Zoting, Advocate for Respondent No.2 CORAM: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATED : 8th MAY, 2024 The petition questions the inaction on the part of respondents in not relieving the petitioner, who is serving as an Assistant Teacher at the school run by the Zilla Parishad, Gadchiroli on account of transfer of his service to the Municipal Corporation, Pune, which has been approved.

2.

The learned counsel for the respondent No.2 has tendered across the bar a communication dated 07.05.2021, which indicates that there are various vacancies in the Zilla Parishad schools at Gadchiroli, on account of which, in case the petitioner is relieved, it

2 946-6812-2023.odt would become difficult for imparting education to the students in the schools. The communication further states, that as soon as the vacancies are filled up the petitioner would be relieved. The interest of the students is of paramount importance which needs to be protected. The interest of the petitioner would always be sub-servient to the interest of the students, considering which, the statement made in the communication dated 07.05.2024, is accepted as a statement to the Court and the petition is disposed of in terms thereof. No costs. (SMT. M.S.JAWALKAR,J.) (AVINASH G. GHAROTE,J.) MP Deshpande