Yogita Shantanu Kulkarni v. The State Of Maharashtra, School Education And Sports Department And ORS
TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.02.06 10:35:35 +0530 Trupti 1 21-wp-1333-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1333 OF 2024 Pradnya Prasad Joshi ...
Petitioner versus The State of Maharashtra and Others ...
Respondents WITH WRIT PETITION NO. 1334 OF 2024 Smita Subhash Dhodad ...
Petitioner versus The State of Maharashtra and Others ...
Respondents WITH WRIT PETITION NO. 1335 OF 2024 Shubhada Vaibhav Phadnis ...
Petitioner versus The State of Maharashtra and Others.
...
Respondents WITH WRIT PETITION NO. 1336 OF 2024 Amit Balasaheb Javalkar ...
Petitioner versus The State of Maharashtra and Others ...
Respondents WITH WRIT PETITION NO. 1337 OF 2024 Yogita Shantanu Kulkarni ...
Petitioner versus The State of Maharashtra and Others ...
Respondents
Trupti 2 21-wp-1333-2024.doc WITH WRIT PETITION NO. 1338 OF 2024 Pradnya Suresh Deshmukh ...
Petitioner versus The State of Maharashtra and Others ...
Respondents WITH WRIT PETITION NO. 1339 OF 2024 Rupali Dnyaneshwar Shinde ...
Petitioner versus The State of Maharashtra and Others ...
Respondents WITH WRIT PETITION NO. 1340 OF 2024 Dileep Laxman Sonkamble ...
Petitioner versus The State of Maharashtra and Others ...
Respondents WITH WRIT PETITION NO. 1341 OF 2024 Swapnil Devanand Sonawane ...
Petitioner versus The State of Maharashtra and Others ...
Respondents .......
Mr.Suresh Pakale, Senior Advocate with Mr.Saurabh Pakale and Mr. Nilesh Desai i/b. Ms. Padmaja U. Malgaonkar for the Petitioners in all Petitions.
Mr. Karan Thorat, AGP for the Respondent -State in WP Nos. 1333 of 2024 and 1334 of 2024.
Ms.Nisha Mehra, AGP for the Respondent -State in WP Nos. 1336 of 2024 and 1335 of 2024.
Trupti 3 21-wp-1333-2024.doc Mr.M.M.Pabale, AGP for the Respondent -State in WP Nos. 1337 of 2024 and 1338 of 2024.
Mr. Kankal, AGP for the Respondent -State in WP Nos. 1339 of 2024 and 1340 of 2024.
Mr.Mali, AGP for the Respondent -State in WP No. 1341 of 2024. Mr. Neel G. Helekar for Respondent Nos. 7 and 8. Mr.Narendra V. Bandiwadekar, Senior Advocate with Mr.Vinayak Kumbhar for the Proposed Respondent- Original Complainant. ......
CORAM :
NITIN JAMDAR, AND M.M. SATHAYE, JJ.
DATE :
05 February 2024.
P.C. :
The learned Senior Advocate representing the ComplainantSmt. Meher Nandan Nirgundikar, whose complaint led to passing the impugned order, seeks impleadment as a party Respondent in these petitions.
2.
The learned Senior Advocate for the Petitioners states that the complaint filed by Smt. Meher Nandan Nirgundikar is without any merit so also the impugned order is without jurisdiction and is a nullity.
Trupti 4 21-wp-1333-2024.doc 3.
Be that as it may, the fact that the complaint filed by the Complainant is referred to in the impugned order cannot be disputed. Smt. Meher Nandan Nirgundikar is permitted to join as a party Respondent in these petitions. Amendment to be carried out within a period of one week from today.
4.
The learned Senior Advocate for the Petitioners states that consequences of the impugned order would be termination of almost 18 employees. The Petitioners have relied upon the decisions of this Court, which are annexed to the petitions. Based on these decisions, the Petitioners contend that it is only in limited circumstances and only by certain authorities the approval once granted can be cancelled.
5.
Since the time is sought by the learned AGP and the learned Senior Advocate for the Original Complainant to file reply affidavit, the hearing of these petitions are required to be deferred. In the meanwhile, considering the consequences of the impugned order and not as a reflection of the merits, no coercive action be taken against the employees, Petitioners, on the basis of the impugned order till the next date of hearing.
6.
Stand over to 7 March 2024.
Trupti 5 21-wp-1333-2024.doc 7.
A copy of these petitions be served on the added Respondent. (M.M. SATHAYE, J.) (NITIN JAMDAR, J.)