Usha Baban Jadhav Alias Kamini Kashinath Dohale And ORS v. State Of Maharashtra Thr. The Secretary School Education And Sports Department And ORS

Digitally signed by TRUPTI SADANAND BAMNE Date:

2024.12.18 19:24:01 +0530 TRUPTI SADANAND BAMNE Trupti 1 42-wp-18650-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18650 OF 2024 Usha Baban Jadhav alias Kamini Kashinath Dohale and Others ...

Petitioners versus State of Maharashtra and Others ...

Respondents ....

Mr.Sidheshwar N. Biradar with Mr.Anuj Gaikar for the Petitioners. Mr.S.P.Kamble, AGP for the Respondent -State. ....

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 16TH DECEMBER, 2024 P.C.:

1.

The Petitioners, who are employees, are before us contending that they were granted approval as Assistant Teachers on 20th March, 2015 on the post which are supposedly granted 100% grants-inaid. A Petition is filed after nine years and seven months for computing the arrears, as if that, the Writ of Mandamus of this Court could be used for calculating the dues and recover the amounts for the Petitioners. Even the limitation period for filing a recovery suit is three years which has expired. Without making any representation to the Education Officer, a Writ Petition has been filed.

Trupti 2 42-wp-18650-2024.odt 2.

The learned Advocate for the Petitioners prays that they may be permitted to withdraw this Petition and they would approach the Education Authorities for the computation of their dues and for recovery of the said amounts from the salary grants extended to Respondent No.6. 3.

In view of the above statement, this Writ Petition is disposed off as withdrawn, on instructions.

4.

Since the Petitioners desire to approach Respondent No. 5, let the representation be dealt with on its own merits. We make it clear that the limitation period would not commence from the date of this order and a new cause of action has not been created by us. If Respondent No. 5 entertains the representation, let it be considered on its merits.

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