Laxmi Vijay Shelar Nee Laxmi Thapa v. The State Of Maharashtra Throu. The Sec. School Education And Sports And ORS

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2025.08.22 12:19:31 +0530 RUSHIKESH VISHNU PATIL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (SR. NO.30) WRIT PETITION NO. 16800 OF 2024 Laxmi Vijay Shelar (Nee: Laxmi Thapa) .. Petitioner Vs.

The State of Maharashtra Through The Secretary School Education and Sports and Ors.

.. Respondents WITH (SR. NO.504) INTERIM APPLICATION (STAMP) NO.27110 OF 2025 IN WRIT PETITION NO. 19171 OF 2024 The Commissioner of Education, School Education and Spot Department ..Applicant In the matter of:

Smt. Shradhha Caesar Assao ..Petitioner Vs.

The State of Maharashtra Through The Secretary School Education and Sports and Ors.

.. Respondents Mr. Prashant Bhavke a/w Mr. Utkarsh Desai, Advocates for the Petitioner.

Mr. V. G. Badgujar, AGP for the Respondents-State. CORAM : SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ DATE : 11TH AUGUST 2025.

P.C. :

The petitioner is aggrieved by the order dated 16th May 2024 passed by the Education Inspector (West Zone) who declined to grant individual approval for the appointment of the petitioner on the post of Laboratory Assistant with effect from 13th January 2020. The petitioner is also seeking approval of her services as permanent Laboratory Assistant in the regular pay-scale with effect from 13th January 2023 1/3

and a direction to the Deputy Director to allot Shalarth ID. 2.

Mr. V. G. Badgujar, the learned AGP has raised an objection to the maintainability of this writ petition on the ground that the petitioner has efficacious remedy to ventilate her grievances before the Grievance Redressal Committee/Appellate Authority. However, the stand taken on behalf of the petitioner is that no rules have yet been formulated laying down the procedure to be followed by the said Committee. 3.

Mr. Prashant Bhavke, the learned counsel for the petitioner relied on the direction passed by this Court in Writ Petition No. 19171 of 2024 titled "Smt. Shradha Caesar Assao v. The State of Maharashtra & Ors." to submit that the petitioner did not approach the Grievance Redressal Committee for the reason that the rules in terms of clause no. 9 of the Government Resolution dated 27th March 2024 are not in place. 4.

Being aware of the aforesaid direction issued in Writ Petition No. 19171 of 2024, an interim application has been filed by the Joint Director (Administration, Budget and Planning) under the office of the Commissioner of Education seeking 30 days' time for framing rules providing procedure to be adopted by the Grievance Redressal Committee.

5.

Having regard to the aforementioned facts, this writ petition is disposed of with liberty to the petitioner to approach the Grievance Redressal Committee by filing her appeal within four weeks and, in the meantime, the procedure in terms of clause no. 9 of the Government Resolution dated 27th March 2024 shall be framed. 6.

If the petitioner prefers an appeal the same shall be disposed of by the appellate Authority on or before 15th October 2025. 7.

Needless to indicate that the Deputy Director shall allot Shalarth ID to the petitioner in the event the appellate Authority rules in her 2/3

favour.

INTERIM APPLICATION (STAMP) NO.27110 OF 2025 8.

In view of the order passed in Writ Petition No. 16800 of 2024, Interim Application (Stamp) No. 27110 of 2025 stands disposed of. [ MANJUSHA DESHPANDE, J. ] [SHREE CHANDRASHEKHAR, J. ] 3/3