Maruti Dharmaraj Dhandore And ORS v. The State Of Maharashtra Thr The Secretary School Education And Sports Dept. And ORS

1 501-WP-424-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 424 OF 2024 Maruti Dharmraj Dhandore and Ors.

...Petitioners

V/s.

The State of Maharashtra and Ors.

...Respondents

.......

Mr. Prashant Bhavake, for the Petitioners.

Mr.A.A. Purav AGP for Respondent Nos. 1 to 5-State. .......

YUGANDHARA SHARAD PATIL by YUGANDHARA SHARAD PATIL Date:

2024.01.22 15:05:01 +0530 CORAM : NITIN JAMDAR & M.M.SATHAYE, JJ.

DATE : 11 JANUARY 2024 P.C.:

.

Not on board. Taken on board.

2.

The Petitioners-8 employees working with Respondent Nos. 6 and 7-Education Institution/ Management, are before us challenging the order passed by the Deputy Director of Education cancelling approval granted to entire staff of Respondent Nos. 6 and 7 including the Petitioners and to direct that the students should not be transferred to another school.

3.

Copy of the order is not marked to the Petitioners but to Y.S.Patil

2 501-WP-424-2024.doc Respondent Nos. 6 and 7. Yet it is not Respondent Nos. 6 and 7 but Petitioners who have approached this Court. If Petitioners could approached this Court with such a speed there is no reason why Respondent Nos. 6 and 7 could not have approached as well. 4.

Therefore, we are inclined to only look into the interest of the Petitioners, and it is that just because approval is cancelled, does not mean that services of the Petitioners with Respondent Nos. 6 and 7-Management also automatically get terminated as Legal position in that regard is clear. Also the responsibility of the payment of salary of Petitioners is on Respondent Nos. 6 and 7 as a primary employer.

5.

With these observations and at the request of learned AGP to file reply affidavit, stand over to 22 January 2024. (M.M.SATHAYE, J.) (NITIN JAMDAR, J.) Y.S.Patil