Padmashri Pandit Sumatibai Vidyapeeth Shravika Sansthanagar Trust Thr Its Secretary And ORS v. Principal Secretary School Education And Sports Dept And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7658 OF 2022 Padmashri Pandit Sumatibai Vidyapeeth, Shravika Sansthanagar Trust & Ors.

....Petitioners Vs.

The State of Maharashtra & Ors.

....Respondents ALONG WITH WRIT PETITION NO.12558 OF 2022 Padmashri Pandit Sumatibai Vidyapeeth, Shravika Sansthanagar Trust & Ors.

....Petitioners Vs.

The State of Maharashtra & Ors.

....Respondents ALONG WITH WRIT PETITION NO.10694 OF 2022 Numan A. Jabbar Shaikh & Anr.

....Petitioners Vs.

The State of Maharashtra & Ors.

....Respondents ALONG WITH WRIT PETITION NO.10705 OF 2022 Waseem Rajahmed Sagar & Anr.

....Petitioners Vs.

The State of Maharashtra & Ors.

....Respondents Mr. Manoj Harit i/b. Mr. Manoj Harit & Co. for the Petitioners in all petitions.

Ms. A.A. Purav, AGP for the Respondent-State in all petitions. Aarti Palkar 1/2 26.WP.7658.2022.doc

CORAM : SUNIL B. SHUKRE & FIRDOSH P. POONIWALLA, JJ DATE : 3 rd OCTOBER, 2023 ORAL JUDGMENT : {Per : Sunil B. Shukre, J.} 1.

Heard. Rule. Rule is made returnable forthwith, by consent of learned counsel for the parties.

2.

We find that issue involved in these petitions is squarely covered by the view taken by this Court in the case of Amol Baban Sangar V/s. The State of Maharashtra & Ors., in Writ Petition No.8966 of 2021, decided on 21 st February, 2022 as the Deputy Director, at the time of consideration of the request of the school for inclusion of name of the petitioner in the Shalarth ID System, and reopening the issue of grant of approval to the petitioner, which cannot be done at that stage, we therefore, allow these petitions with following directions:- (i) The Writ Petitions are allowed.

(ii) We direct that the name of the petitioners be included in the Shalarth ID System within two weeks from the date of receipt of the order of the Court and thereafter, the arrears of salary and salary as payable to each of the petitioners shall be paid to each of the petitioner within a period of four weeks from the date of inclusion of their names in the Shalarth ID system. 3.

Rule is made absolute in the above terms.

4.

Writ Petition are disposed of accordingly.

[ FIRDOSH P. POONIWALLA, J. ] [ SUNIL B. SHUKRE, J. ] Aarti Palkar 2/2 26.WP.7658.2022.doc