Vidya Ashok Patil v. The State Of Maharashtra And ORS

rsk 1 36-WP-8743-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8743 OF 2021 Vidya Ashok Patil ..Petitioner V/s.

The State of Maharashtra and Ors.

..Respondents ---- Mr. C. G. Gavnekar a/w. Mr. Ashutosh Gavnekar for the Petitioner.

Mr. N. K. Rajpurohit, AGP for the Respondent-State. Mr. Utkarsh Desai i/b P. S. Bhavake for Respondent Nos.4 and 5. ---- CORAM : SUNIL B. SHUKRE AND G. A. SANAP, JJ.

DATE : 10 MARCH 2022.

P. C.

Heard. The grievance of the Petitioner is two fold, one relates to illegal termination of the Petitioner from services and the other relates to non payment of salary to the Petitioner from the date of initial appointment dated 1/7/2013 till December 2018, when the services of the Petitioner was terminated.

2.

As regards the first grievance, the Petitioner has Digitally signed by RAJESHWARI SUBODH KARVE Date:

2022.03.15 17:57:24 +0530 already filed an appeal before the School Tribunal and is pending RAJESHWARI SUBODH KARVE for redressal. The other grievance of the Petitioner is that the

rsk 2 36-WP-8743-21.doc Petitioner made a representation to the Grievance Redressal Committee constituted by the State as per Government Resolution dated 29/8/2009 which has been amended by corrigendum dated 1/10/2019 but the Grievance Redressal Committee has not decided the representation of the Petitioner on the ground that the School Tribunal was already seized of the matter.

3.

On going through the representation made by the Petitioner before the Grievance Redressal Committee, we find that the Petitioner had raised both of her said grievances before the Redressal Committee and perhaps that might have been the reason for the Committee not to have taken any decision on pendency of one of the grievances before the School Tribunal. 4.

Now learned counsel for the Petitioner on instructions submits that the Petitioner is ready to make a fresh representation to the Grievance Redressal Committee and therefore, he seeks necessary liberty and directions in the matter. 5.

We are of the view that the purpose of this Petition would stand served by acceding to the request of the Petitioner. Accordingly, liberty is granted to the Petitioner to file a fresh representation in supersession of representation made by her which is of the date 25/6/2020 within a period of 4 weeks from

rsk 3 36-WP-8743-21.doc the date of receipt of the order. We further direct that if such fresh representation is made to the Grievance Redressal Committee, it shall be decided in accordance with law by the Grievance Redressal Committee as early as possible, preferably within 4 weeks from the date of appearance of the Petitioner before the Redressal Committee. The parties to appear before the Redressal Committee on 4/4/2022. The Petitioner is at liberty to file documents before Redressal Committee.

6.

The Petition is disposed of in the above terms. No costs.

(G. A. SANAP, J.) (SUNIL B. SHUKRE, J.)