Dharati Nagappa Menthe v. The State Of Maharashtra Thr The Secretary School Education Dept. And ORS

904-WP-3039-2022.doc shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3039 OF 2022 Dharati Nagappa Menthe ] @ Ms. Dharati Subhash Bhimanavaru ] Petitioner Vs.

The State of Maharashtra, Through the ] Secretary, School Education Department, ] Mantralaya, Mumbai - 400 032 ] and others.

] Respondents .....

Mr. N.V. Bandiwadekar a/w Mr. Vinayak Kumbhar, for Petitioners. Mrs. S.S. Bhende, A.G.P, for Respondents - State. .....

CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

DATE : 16th MARCH, 2022.

P.C.

1.

Heard.

2.

Rule. Rule is made returnable forthwith. Heard finally by consent of learned Counsel for the parties.

3.

This Court has already taken a view that while considering issue of entering name of School employee in Shalarth system, the SHAILAJA SHRIKANT HALKUDE HALKUDE Date: 2022.03.17 16:02:37 +0530

904-WP-3039-2022.doc Deputy Director has no authority to go into the issue of granting of approval in an irregular or illegal manner. This what has been done in the present case while passing the impugned order by the Deputy Director.

4.

Thus, facts of this case are squarely covered by the view taken by this Court in Writ Petition No.8966 of 2021 in the case of Amol Baban Sangar Vs. The State of Maharashtra decided on 21st February, 2022. The petition is, therefore, allowed. The impugned order is hereby quashed and set aside in terms of prayer clauses (b) and (c). The grant-in-aid for payment of monthly honorarium with all arrears shall be released within a period of four weeks from the date of receipt of this order.

5.

The rule is made made absolute in the above terms. No costs.

[G.A. SANAP, J.] [SUNIL B. SHUKRE, J.]