Hemant Madhukar Gunjal v. The State Of Maharashtra Throu. The Sec. Dept Of Education Asnd Sports And ORS

by ARUNA SANDEEP TALWALKAR Date: 2025.10.16 18:51:13 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION (Sr. No. 904) WRIT PETITION NO. 12809 OF 2025 Hemant Madhukar Gunjal.

... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

WITH (Sr. No. 905) WRIT PETITION NO. 13423 OF 2025 Tushar Madhukar Ssangale.

... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

WITH (Sr. No. 906) WRIT PETITION NO. 13424 OF 2025 Sangita Popatrao Bhadane.

... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

WITH (Sr. No. 907) WRIT PETITION NO. 13425 OF 2025 Nandre Sagar Ramesh.

... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

WITH (Sr. No. 908) WRIT PETITION NO. 13427 OF 2025 Ramesh Chandrabhan Sangale.

... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

WITH (Sr. No. 909) WRIT PETITION NO. 13429 OF 2025 Yogita Arun Sangale.

... Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

--- Mr. Sanjeev B. Deore a/w. Ms. Suchita J. Pawar, Mr. Arman Ansari, Mr. Aditya S. Deore, Advocate for Petitioners. Ms. Chaitrali Deshmukh, Advocate for Respondent No. 4. Mr. P.P. Kakade, Addl. G.P. a/w. Ms. Priyanka Chavan, AGP for Respondent/State in WP/12809/2025.

Mr. B.V. Samant, Addl. G.P. a/w. Mr. K.S. Thorat, B-Panel Advocate, for Respondent/State in WP/13423/2025.

Mr. B.V. Samant, Addl. G.P. a/w. Ms. P.M.J. Deshpande, AGP for Respondent/State in WP/13424/2025.

Mr. S.H. Kankal, AGP, for Respondent/State in WP/13425/2025. Ms. Nisha M. Mehra, AGP, for Respondent/State in WP/13427/2025.

Ms. D.S. Deshmukh, AGP, for Respondent/State in WP/13429/2025. --- CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

15th OCTOBER, 2025 P.C. :

1.

The Petitioners's approval granted around 8 years ago, has been set aside by an Order dated 25/6/2025. The learned AGP is under instructions to submit that a proper Enquiry Committee was formed pursuant to the Legislative Assembly Question posed in the Maharashtra State Legislative Assembly and the Petitioners' approval is found to be seriously doubtful. The further grievance of the Petitioners is that the Respondent No. 2 Deputy Director(Administration), Commissionerate of Education has directed the Management/Employer to dispense with the services of the Petitioners.

2.

Issue notice to the Respondents, returnable on 1st December, 2025. The learned AGP waives service of notices on behalf of Respondent No. 1 to 3.

3.

Until further orders, the Petitioners' services shall not be dispensed with only on the ground that his approval has been cancelled.

We direct that the Petitioners would be paid the salary as was being paid prior to the cancellation of the approval, subject to the condition that if this Court concludes that the appointments are illegal, the salary being paid under the order of this Court, shall be recoverable from the Management which has made the appointments.

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