Nilima Nitinkumar Mali Alias Nilima Vikram Mahajan v. The State Of Maharashtra Through Its Secretary And Others

1 932WP7961.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 932 WRIT PETITION NO. 7961 OF 2024 Nilima Nitinkumar Mali Alias Nilima Vikram Mahajan

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Shri. A. S. Mali - Advocate for the Petitioner Shri. P. S. Patil - AGP for State Shri. P. V. Barde - Advocate for Respondent No. 4 & 5 ...

CORAM : S. G. CHAPALGAONKAR AND NEERAJ P. DHOTE, JJ.

DATED : 25TH JUNE, 2025 PER COURT : - 1.

Heard Shri. A. S. Mali, learned Advocate for the Petitioner, Shri. P. S. Patil, learned Additional Government Pleader for the State, and Shri. P. V. Barde, learned Advocate for Respondent Nos. 4 and 5. 2.

Shri. A. S. Mali, learned Advocate for the Petitioner submits that, the Petitioner was appointed on the establishment of Respondent Nos. 4 and 5 pursuant to the advertisement dated 29.01.2020, against a vacant sanctioned post. The proposal for approval to her appointment as 'Librarian' was submitted to Respondent No. 3 on 21.06.2023, and same was received by Respondent No. 3 on 26.06.2023. Meanwhile, the Petitioner has been appointed as an Assistant Teacher through the Pavitra Portal. However, she has not received the benefit of salary for

2 932WP7961.2024.odt the service rendered as a Librarian, since the proposal for her appointment is yet to be decided by the Education Officer. 3.

Mr. P. V. Barde, learned Advocate appearing for the Respondent/Management submits that, since the Proposal for approval has not been decided, the School could not release the benefit of the salary in favour of the Petitioner.

4.

In this backdrop, we deem it proper to dispose off the present petition by directing the Respondent No. 3 - Education Officer (Secondary), Zilla Parishad, Nandurbar, to decide the Proposal dated 21.06.2023 forwarded by Respondent No. 5 - Headmaster of Smt. P.A. Sodha Sarvajanik Marathi High School, within a period of three (3) months from today, on its own merits. In case the proposal is decided in favour of the Petitioner, the concerned Respondent shall release all the consequential benefits. In case the Proposal is rejected, the Petitioner shall be at liberty to raise the claim for unpaid salary with the Management.

5.

Writ Petition is, accordingly, disposed off.

[NEERAJ P. DHOTE] [S. G. CHAPALGAONKAR] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 27/06/2025 10:39:03