Bharati Thosare Jadhav v. The State Of Maharashtra Throu. The Principal Sec. Higher And Technical Education And ORS

31-WP-15494-2024-(C).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15494 OF 2024 Bharati Thosare Jadhav

...Petitioner

Versus

The State Of Maharashtra & Ors.

...Respondents

Mr. Sagar Mane, Advocate for the Petitioner.

Ms. T.J. Kapre, AGP for the Respondent / State. CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 11th NOVEMBER, 2024 P.C. :- 1.

The Petitioner's grievance is that the University of Mumbai granted approval to his contractual appointment, as against a leave vacancy for two years, on 22nd August, 2019, after his disengagement, having put in 20 months. As a consequence, though the salary of the Petitioner was prescribed in the order of appointment dated 22nd December, 2017, the Private Educational by SUNNY ANKUSHRAO THOTE Date:

2024.11.13 10:25:18 +0530 SUNNY ANKUSHRAO THOTE Society did not pay the said scale of salary since the Petitioner was not granted approval by the University.

SUNNY THOTE

31-WP-15494-2024-(C).odt 3.

The Hon'ble Supreme Court has observed in several orders that the High Court should not exercise its Writ jurisdiction for recovering amounts. We are of the view that Section 79(7) of the Maharashtra Public Universities Act, 2016 (the said 'Act'), would enable the Petitioner to approach the Grievances Committee and raise this dispute of shortfall in salary since the said grievance is in relation to the service of the Petitioner who was an employee and the grievance pertains to his period of employment. 4.

The learned Advocate for the Petitioner submits that the Petitioner would approach the Private Management as well as the Grievances Committee.

5.

In view of the above, this Writ Petition is disposed off, with liberty to the Petitioner to approach the Grievances Committee under Section 79(7) of the said Act.

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