Bombay High Court
Ku. Nisha D/O Raghunathji Dhoke vs The State Of Maharashtra, ... on 5 April, 2021
Bench: S.B. Shukre, Avinash G. Gharote
Judgment 1 W.P.No.8046.2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 8046 OF 2019
Ku. Nisha D/o. Raghunathji Dhoke,
Aged about 44 years, Occu. - Service,
R/o. C/o. Rashtriya Madhyamik Vidyalaya,
Satona, Tq. & Distt. Gondia.
.... PETITIONER
// VERSUS //
1) State of Maharashtra,
Department of School Education,
through its Secretary,
Mantralaya, Mumbai 32.
2) Education Officer (Secondary)
Zilla Parishad, Gondia,
Tq. & Distt. Gondia.
3) Swarupchandji Bahuuddeshiya
Shikshan Sanstha, Gondia,
Through its President/Secretary,
Tq. & Distt. Gondia.
4) Rastriya Madhyamik Vidyalaya,
Satona, through its Headmaster,
Tq. & Distt. Gondia.
.... RESPONDENTS
______________________________________________________________
Shri S. U. Ghude, Advocate for the petitioner.
Shri N. R. Patil, A.G.P. for the respondent Nos.1 and 2.
______________________________________________________________
CORAM : SUNIL B. SHUKRE AND
AVINASH G. GHAROTE, JJ.
DATED : 05.04.2021.
Judgment 2 W.P.No.8046.2019.odt
ORAL JUDGMENT : (Per Sunil B. Shukre, J.)
1. Hearing is conducted through Video Conferencing and all
the learned Advocates agreed that the audio and visual quality was
proper.
2. Heard. Rule. Rule made returnable forthwith. Heard finally
by consent of the learned counsel appearing for the parties.
3. The prayer made in this petition, as it appears in prayer
clause (a), is as follows :-
"a. direct the respondent no.2 Education Officer, Zilla
Parishad, Gondia to grant permission to respondent no.3
and 4 Secretary, Swarupchandji Bahuuddeshiya Shikshan
Sanstha, Gondia and Headmaster, Rastriya Madhyamik
Vidyalaya Satona schools to absorb/transfer the service of
the petitioner in respondent no.3 and 4 school on 100%
grant in aid vacant post;"
This prayer does not seek absorption/transfer of the
petitioner from any particular date and it only seeks the relief of
transfer and absorption of the petitioner. This relief, as could be seen
from the statements made in the reply of respondent No.2, has already
been made available to the petitioner. In paragraph No.9 of the reply, it
Judgment 3 W.P.No.8046.2019.odt
is stated that the petitioner has been transferred/absorbed on the aided
post and as the aided post become vacant due to retirement of aided
teacher, Shri A. G. Wanjari, such transfer has been effected from
18.01.2021.
4. It appears that the petitioner is also seeking a direction to
respondent Nos.2 to 4 to pay salary to the petitioner from September
2018 till date together with 18% interest per annum and also further
direction to not fill and absorb other employees other than the
petitioner in sanctioned posts. As far as the direction restraining the
respondents for filling up the vacant posts is concerned, in our opinion,
it does not survive as the purpose of the petitioner has already been
served in the present case. About the direction to pay the salary to the
petitioner from September 2018, we are of the opinion that same
cannot be granted unless the petitioner specifically challenges her
transfer and absorption w.e.f. 18.01.2021, which has not been done by
the petitioner. Therefore, such prayer in the present petition cannot be
granted.
5. In the result, the petition is partly allowed in terms of the
statement made in paragraph No.9 of the reply filed by respondent
Judgment 4 W.P.No.8046.2019.odt
No.2 with liberty to the petitioner to challenge the date from which her
transfer has been given effect to, if there are any valid reasons to do so.
Rule accordingly. No costs.
(AVINASH G. GHAROTE, J.) (SUNIL B. SHUKRE J.)
Kirtak
