Manisha Anil Dhumne v. Sanjay Ram Khade

Kartikeya Goti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9875 OF 2025 Manisha Anil Dhumne .. Petitioner Vs.

Sanjay Ram Khade & Ors.

.. Respondents Mr. Akhilesh Adhav i/b. Mr. Neel Helekar, for the Petitioner. Mr. Avinash Fatangare a/w Ms. Archana Shelar, for the Respondent No.1. Smt. Neha Bhide, G.P. a/w Mr. P.P. Kakade, Addl. G.P. and Ms. P.B. Chavan, AGP for the Respondent-State.

Mr. Maharudra Nale, Education Officer (Secondary), Raigad, present. CORAM : SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ DATE : 24th JULY 2025.

P.C. :

Mr. Akhilesh Adhav, the learned counsel appearing for the petitioner refers to the order dated 9th April 2025 passed in Writ Petition No.5286 of 2024 to submit that the Education Officer i.e. the respondent no.4 has passed the order dated 9th May 2025 in breach of the direction issued by the writ Court in Writ Petition No.5286 of 2024. 2.

The learned counsel for the petitioner submits that a seniority list has been prepared by the management of the Abhinav Dnyan Mandir Sanstha Karjat and a decision thereon is required to be taken for promotion of the petitioner and other eligible co-employees. The specific stand taken by the petitioner is that she is entitled for promotion to the post of Head Clerk in terms of Maharashtra Civil Services (Declaration of Small Family) Rules, 2005.

3.

In the order dated 9th April 2025, the following direction was issued to the respondent no.4 1/2 921-WP-9875-2025.doc

Kartikeya Goti "4. This Petition is disposed off with a direction to Respondent No.4 to consider the application dated 18th October, 2023 along with the relevant file pertaining to Mrs. Manisha Anil Dhumne, Junior Clerk, Shri. Sanjay Ram Khade, Chief Clerk and Mrs. Sunita Sanjay Khade, Deputy Head Mistress, within the provisions of the said Rules referred to herein above, within 45 days from today."

4.

As we gather at a glance on the order dated 9th May 2025 passed by the respondent no.4, he has issued a direction to the management of the Abhinav Dnyan Mandir Sanstha Karjat to take steps for promotion in accordance with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1971 and the rules framed thereunder.

5.

Having regard to the aforesaid direction issued by the respondent no.4, we do not find any substance in this writ petition and it is accordingly dismissed. However, we would indicate that the respondent no.4 may ensure that a decision as regards the promotion of the petitioner is taken within a period of 8 weeks by the management of the Abhinav Dnyan Mandir Sanstha Karjat failing which coercive order shall be passed against them.

6.

Writ Petition No.9875 of 2025 is disposed of. [ MANJUSHA DESHPANDE, J. ] [ SHREE CHANDRASHEKHAR, J. ] 2/2 921-WP-9875-2025.doc