Deepak Balaso Chougule v. The State Of Maharashtra Thr. Secretary And ORS
MUGDHA M PARANJAPE 1 12-WP 7318-21@matters.odt MUGDHA M PARANJAPE Date: 2021.12.03 14:35:58 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7318 OF 2021 Shri. Sangram Kondiba Jadhav ... Petitioner Vs.
The State of Maharashtra & Ors.
... Respondents WITH WRIT PETITION NO.7358 OF 2021 WITH WRIT PETITION NO.7357 OF 2021 WITH WRIT PETITION NO.7356 OF 2021 WITH WRIT PETITION NO.7316 OF 2021 WITH WRIT PETITION NO.7381 OF 2021 ------- Mr. Prashant Bhavake for the Petitioners in all WPs. Mr.V.M. Mali, AGP, Mrs.P.N. Diwan, AGP, Mr.N.C. Walimbe, AGP, Mrs.P.J. Gavhane, AGP, Ms.S.S. Bhende, AGP, Mr.N.K. Rajpurohit, AGP for the State in all WPs.
------- CORAM :
R.D. DHANUKA & ABHAY AHUJA, JJ.
DATE :
1ST DECEMBER, 2021 P.C. :
1.
Mr. Bhavake, learned counsel for the Petitioners in all Petitions seeks liberty to delete Respondents No.6 and 7 from the cause title of the Writ Petitions. Leave to amend is granted. Amendment to be carried out forthwith. Re-verifcation is dispensed with.
2 12-WP 7318-21@matters.odt 2.
Mr. Bhavake, learned counsel for the Petitioners and learned AGP jointly state that the facts in all these Petitions are identical and can be disposed of by common order. 3.
Rule. Rule made returnable forthwith. The learned AGPs for the State waive service in all Writ Petitions. 4.
By consent of the parties, Petitions are heard fnally. 5.
The Petitioners, in these Petitions, have impugned the order passed by the Deputy Director of Education refusing to include the name of the Petitioners in Shalarth Pranali, as also to allot the Shlarth ID for online payment of salary and other payments. The details of the appointment of each of these Petitioners, the order passed by the Education Offcer and the date of the order passed by the Deputy Director of Education are extracted as under :- Sr.
No.
Writ Petition No.
Date of Appointment Date of Order passed by the Education Offcer Date of order passed by the Deputy Director of Education 1.
WP No.7318/21 10/08/2021 11/08/2021 29/09/2021 2.
WP No.7358/21 01/08/2018 23/03/2021 22/06/2021
3 12-WP 7318-21@matters.odt 3.
WP No.7357/21 15/08/2014 30/07/2021 05/10/2021 4.
WP No.7356/21 15/06/2018 06/05/2019 22/09/2020 5.
WP No.7316/21 15/06/2017 17/08/2021 11/10/2021 6.
WP No.7381/21 01/08/2013 26/02/2019 09/01/2020 6.
It is not in dispute that in each of these matters the Education Offcer has already granted approval to the appointment of the Petitioners on various posts. The Deputy Director of Education, however, has refused to include the name of the Petitioners in Shalarth Pranali and to allocate the Shalarth ID. The Management in these matters admittedly are minority institutions. 7.
A similar issue is dealt with by this Court today in Writ Petition No.7296 of 2021 alongwith connected matters. 8.
The learned counsel appearing for the parties jointly state that there is no dispute that the facts of these cases are identical to the facts of that cases. The said judgment would apply to the facts of this case. Statement is accepted.
4 12-WP 7318-21@matters.odt 9.
We have gone through by the abovereferred judgment delivered by this Court today. We do not propose to take any different view in the matter and accordingly pass the following order.
10.
The impugned orders dated 29th September, 2021 in Writ Petition No.7318 of 2021, dated 22nd June, 2021 in Writ Petition No.7358 of 2021, dated 5th October, 2021 in Writ Petition No.7357 of 2021, dated 22nd September, 2020 in Writ Petition No.7356 of 2021, dated 11th October, 2021 in Writ Petition No.7316 of 2021 and dated 9th January, 2020 in Writ Petition No.7381 of 2021 are quashed and set aside.
11.
The Deputy Director of Education is directed to enter the name of the Petitioners in the Shalarth Pranali not before expiry of six weeks from today.
12.
The arrears of salary, if any, shall be released by the Deputy Director of Education after four weeks from the date of entering the names of the Petitioners in the Shalarth Pranali.
5 12-WP 7318-21@matters.odt 13.
It is made clear that this Court has not restrained the State Government from initiating any action against the erring offcer. This Court has not expressed any views on the correctness of the order passed by the Education Offcer.
14.
Writ Petition is allowed in the abovesaid terms. 15.
Rule is made absolute. No order as to costs.
16.
Parties to act on the authenticated copy of this order. (ABHAY AHUJA, J.) (R.D. DHANUKA, J.)