Prithviraj Bhagavanrao Sarnobat v. The State Of Maharashtra Thr. Principle Secretary Dept. Of School Education And ORS

1 87-88-WP-4328-22-F.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4328 OF 2022 Mr. Prithviraj Bhagavanrao Sarnobat The State of Maharashtra And Ors.

WITH WRIT PETITION NO. 4329 OF 2022 Mr. Adwait Gulabrao Sarnobat The State of Maharashtra And Ors.

WITH WRIT PETITION (ST) NO. 9012 OF 2022 (NOT ON BOARD) Mr. Sawkar Rizwan Abdul Shakur The State of Maharashtra And Ors.

WITH WRIT PETITION (ST) NO. 9011 OF 2022 (NOT ON BOARD) Digitally signed by RAJESHWARI SUBODH KARVE Date:

2022.04.25 12:26:14 +0530 RAJESHWARI SUBODH KARVE Mr. Nadeem Amirmiya Mastan The State of Maharashtra And Ors.

WITH

2 87-88-WP-4328-22-F.doc WRIT PETITION (ST) NO. 9009 OF 2022 (NOT ON BOARD) Mr. Jafar Mubarak Mulla The State of Maharashtra And Ors.

WITH WRIT PETITION (ST) NO. 9008 OF 2022 (NOT ON BOARD) Mr. Prathamesh Pramod Joshi The State of Maharashtra And Ors.

WITH WRIT PETITION (ST) NO. 9010 OF 2022 (NOT ON BOARD) Mr. Bharat Kisan Gavade State of Maharashtra And Ors.

WITH WRIT PETITION (ST) NO. 9013 OF 2022 (NOT ON BOARD) Smt. Atira Mukhtar Mulla State of Maharashtra And Ors.

WITH WRIT PETITION (ST) NO. 9007 OF 2022 (NOT ON BOARD)

3 87-88-WP-4328-22-F.doc Mr. Samir Bhimrao Kiratkar State of Maharashtra And Ors.

Mr. Chetan G. Patil for Petitioners.

Mr. V. M. Mali, AGP for Respondent-State.

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

DATED : 11th APRIL, 2022.

P. C.

Heard.

2.

Rule. Rule is made returnable finally by consent of the parties.

3.

All these petitions involve a similar issue, whether or not the Deputy Director of Education has power to reconsider the issue of grant of approval by the Education officer as teaching/non teaching at the time of consideration of proposal received by the Education officer for including teaching/non teaching employee in the Shalarth system and allotting him shalarth ID ? Answer to this issue has been provided in the negative in the recent judgment of this court decided in the case of Amol Baban Sangar vs. The State of Maharashtra, Writ Petition No.8966/2021 decided on 21/2/2022. Thus, the issue involved in all these petitions is squarely covered by the aforesaid view taken in the case of Amol Sangar (supra). This would mean that these petitions deserve to be allowed. i) The petitions are allowed. The impugned order is quashed and set aside.

4 87-88-WP-4328-22-F.doc ii) Respondent No.2 is directed to include name of each of the petitioners in the Shalarth system and allot each of the petitioners Shalarth ID within a period of 4 weeks from the date of receipt of a copy of the order. Respondent Nos. 2 and 3 are directed to release honorarium/salary together with admissible arrears honorarium/salary to each of the petitioners within a period of 4 weeks from the date of receipt of the proposal sent in that regard by the school management of each of the petitioners. iii) Rule is made absolute in the above terms. No costs. [G.A. SANAP, J.] [SUNIL B. SHUKRE, J.]