Sunita Gorakhnath Deshumukh And ANR v. State Of Maharashtra Thr Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14102 OF 2024 Sunita Gorakhnath Deshumukh & Anr.

....Petitioners versus The State of Maharashtra & Ors.

....Respondents Mr. Vaibhav Kulkarni, Advocate for the Petitioners. Mr. M.M. Pable, AGP for Respondent Nos.1 to 3. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 24th APRIL, 2025 P.C. :- 1.

We have perused the report of the learned Principal District and Sessions Judge, Pune in pursuance to our order dated 14th February, 2025. Respondent Nos.4 and 5 Management and School have been served with Court notice on 04.12.2024 which was effected on the Secretary and the Principal, namely, Shri. Janardan Thorat and Dr. Deepali Rajshekar Patil, respectively. 2.

We find that further hearing in this matter is obstructed

on account of the non-appearance of Respondent Nos.4 and 5 for the reason that that the GR dated 15.03.2024, which takes care of condonation of the age barrier with regard to 167 Employees, would equally favour these two Petitioners, provided their appointment orders are shown to the Court. Insofar as Petitioner No.2 is concerned, the appointment order is now placed on record along with an additional affidavit. We, therefore, call upon the State to consider the case of Petitioner No.2, namely, Shri. Sharad Laxman Korekar, notwithstanding the pendency of this Petition. 3.

Insofar as Petitioner No.1 is concerned, the learned Advocate for the Petitioner submits that the Petitioner was not given a copy of her appointment order. The same is with the Management. She was granted benefits of the 6th Pay Commission. The learned AGP clarifies that Office of the Joint Director of Higher Education committed an irregularity by granting the said benefits, pending scrutiny. The scrutiny is yet not completed since Petitioner No.1 cannot produce her appointment order, inasmuch as, the Management is also not tendering the appointment order. 4.

In view of the above, issue bailable warrants in the sum

of Rs. 15,000/- each, to Respondent No.4 Shri. Janardan Thorat and Respondent No. 5 Dr. Deepali Rajshekar Patil, returnable on 26th June, 2025, which is the Special Pension matters day. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)