Smt. Ayesha Miyalal Momin And ANR. v. The State Of Maharashtra Through Its Secretary And ORS.

19-wp-193-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 193 OF 2018 Smt. Ayesha Miyalal Momin & Anr.

...Petitioners

V/s.

State of Maharashtra & Ors.

...Respondents

---- Mr. S. S. Kanetkar for the Petitioners.

Mr. N. K. Rajpurohit, AGP for Respondent Nos.1 & 3-State. Mr. Anand S. Kulkarni for the Respondent No.4. Mr. Ajit V. Alange for the Respondent No.6.

---- CORAM : NITIN JAMDAR AND C. V. BHADANG, JJ.

DATE : 5 April 2021 P.C.

.

The main grievance in the Petition was regarding absorption of the Petitioners. According to the Petitioners, inspite of the directions issued in August 2017 / October 2017, the Petitioners were not being absorbed.

2.

The learned Counsel for the Petitioners submits that the Petitioner No.1 is now absorbed on 9 March 2021 and Petitioner No.2 on 15 March 2021. The learned Counsel states that Mamta Kale page 1 of 2

19-wp-193-18 however, the issue of salary from the June 2016 till the date of actual absorption remains.

3.

The Petitioners' main grievance regarding absorption stands worked out. As regard, the period as indicated above, various factual developments have taken place effect to which have to be analyzed and it is not possible to do so in this Writ Petition. We therefore do not want to examine and opine upon the rival contentions. We therefore permit the Petitioners to present a representation to Education Officer (Primary) setting out the relevant facts regarding the claim of the Petitioners from June 2016 to March 2021 and the Education Officer would take the decision thereupon as per law. The Education Officer will take the decision on the said representation within eight weeks from the date of representation is submitted, subject to any other time bound directions of the Court. If the representation is to be accepted, the Respondent No.4 Education Officer and the concerned Authorities will proceed to give effect to it immediately. In case, it is not accepted, reasons for the same be communicated to the Petitioner.

4.

The Writ Petition is accordingly disposed of. (C. V. BHADANG, J.) (NITIN JAMDAR, J.) Mamta Kale page 2 of 2