Satyabhama Ramvijaya Jadhav v. The State Of Maharashtra Throu. The Secretary School Education Dept And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.12.17 11:04:10 +0530 Trupti 1 17-wp-10283-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10283 OF 2024 Mrs. Satyabhama Ramvijaya Jadhav ...

Petitioner versus The State of Maharashtra and Others ...

Respondents ....

Mr.Satyajeet A.Rajeshirke with Mr.Gautam R. Kulkarni for the Petitioner.

Mr.P.P.Kakade, Addl.GP with Ms.A.A.Purav, AGP for Respondent Nos. 1 and 2-State.

Mr.Milind Deshmukh for Respondent No.3- Management. ....

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 13TH DECEMBER, 2024 P.C.:

1.

The Petitioner was subjected to a selection process and appointed by an order dated 11th December, 2012 with effect from 17th December, 2012 as a Shikshan Sevak with the Respondent No.4 school, on a part time post receiving 100% grants-in-aid. 2.

On 17th December, 2015, he was deemed confirmed on the post of part time teacher. Respondent No.2 granted approval to the proposal of appointment of the Petitioner for a period of three years on

Trupti 2 17-wp-10283-2024.odt 5th December, 2016. Thereafter, Respondent Nos. 3 and 4 submitted a proposal for seeking approval, dated 21st July, 2022 to Respondent No.2. However, instead of tendering the proposal for confirmation in regular pay scale with effect from 17th December, 2015, a proposal was forwarded seeking approval as a Shikshan Sevak for the academic years 2015-2016 and 2016-2017.

3.

By an order dated 3rd March, 2023 passed in Writ Petition No. 4955 of 2021, this Court granted the Petitioner a liberty to make a representation after fulfillment of the criteria for up-gradation. The Petitioner made an Application on 5th April, 2023 praying to Respondent No.2 for up-gradation to the full time post.

4.

Respondent Nos. 3 and 4 once again submitted a proposal for approval dated 9th March, 2023, but as a part time Shikshan Sevak. Respondent No.2 has rejected the representation on 30th October, 2023. 5.

It does not call for any debate that, a person who is appointed as a Shikshan Sevak in 2013, on a part time basis, could not be kept as a part time teacher perpetually, without an approval. 6.

Office to accept the affidavit in reply being filed by the

Trupti 3 17-wp-10283-2024.odt Management. Copies are already supplied to the learned Advocate for the Petitioner.

7.

List this Petition on 13th January, 2025, in the urgent admissions category.

8.

If time permits, this matter would be heard finally at admission stage.

(ASHWIN D. BHOBE,J.) ( RAVINDRA V. GHUGE, J.)