Bombay High Court
Digvijay Surendra Jadhav vs The State Of Maharashtra Thr. ... on 1 December, 2021
Bench: R.D. Dhanuka, Abhay Ahuja
MUGDHA M
PARANJAPE
1 [email protected]
Digitally signed by
MUGDHA M
PARANJAPE
Date: 2021.12.03
14:36:37 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7359 OF 2021
Shri. Tushar Tanaji Chavan ... Petitioner
Vs.
The State of Maharashtra & Ors. ... Respondents
WITH
WRIT PETITION NO.7364 OF 2021
WITH
WRIT PETITION NO.7368 OF 2021
WITH
WRIT PETITION NO.7365 OF 2021
WITH
WRIT PETITION NO.7362 OF 2021
WITH
WRIT PETITION NO.7367 OF 2021
WITH
WRIT PETITION NO.7319 OF 2021
WITH
WRIT PETITION NO.7360 OF 2021
WITH
WRIT PETITION NO.7321 OF 2021
WITH
WRIT PETITION NO.7320 OF 2021
WITH
WRIT PETITION NO.7382 OF 2021
WITH
WRIT PETITION NO.7384 OF 2021
WITH
WRIT PETITION NO.7383 OF 2021
WITH
WRIT PETITION NO.7380 OF 2021
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Mr. Prashant Bhavake for the Petitioners in all WPs.
Mr. Vikas M. Mali, AGP, Mrs.P.N. Diwan, AGP, Mr.N.C. Walimbe, AGP,
Mrs.P.J. Gavhane, AGP, Ms. Sushma S. Bhende, AGP, Mr.N.K.
Rajpurohit, AGP for the State in all WPs.
-------
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2 [email protected]
CORAM : R.D. DHANUKA &
ABHAY AHUJA, JJ.
DATE : 1ST DECEMBER, 2021
P.C. :
1. Mr. Bhavake, learned counsel for the Petitioners in all
Petitions seeks liberty to delete Respondents No.6 and 7 from the
cause title of the Writ Petitions. Leave to amend is granted.
Amendment to be carried out forthwith. Re-verifcation is dispensed
with.
2. Mr. Bhavake, learned counsel for the Petitioners and
learned AGPs jointly state that the facts in all these Petitions are
identical and can be disposed of by common order.
3. Rule. Rule made returnable forthwith. The learned AGPs
for the State waive service in all Writ Petitions.
4. By consent of the parties, Petitions are heard fnally.
5. The Petitioners, in these Petitions, have impugned the
order passed by the Deputy Director of Education refusing to
include the name of the Petitioner in Shalarth Pranali, as also to
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3 [email protected]
allot the Shlarth ID for online payment of salary and other
payments. The details of the appointment of each of these
Petitioners, the order passed by the Education Offcer and the date
of the order passed by the Deputy Director of Education are
extracted as under :-
Sr. Writ Petition No. Date of Date of Order Date of order
No. Appointment passed by the passed by the
Education Offcer Deputy Director
of Education
1. WP 7359/2021 29/07/2021 09/08/2021 29/09/2021
2. WP 7364/2021 10/06/2019 20/08/2021 29/09/2021
3. WP 7368/2021 12/12/2011 06/08/2021 ---
4. WP 7365/2021 15/06/2021 13/08/2021 04/10/2021
5. WP 7362/2021 17/06/2013 24/03/2021 22/06/2021
6. WP 7367/2021 05/08/2019 09/08/2021 04/10/2021
7. WP 7319/2021 22/07/2019 05/08/2021 29/09/2021
8. WP 7360/2021 15/06/2017 05/08/2021 29/09/2021
9. WP 7321/2021 15/06/2020 10/08/2021 29/09/2021
10. WP 7320/2021 05/09/2018 06/08/2021 29/09/2021
11. WP 7382/2021 01/02/2021 27/08/2021 08/11/2021
12. WP 7384/2021 25/01/2021 01/06/2021 30/09/2021
13. WP 7383/2021 01/06/2019 03/09/2021 08/11/2021
14. WP 7380/2021 01/06/2014 09/08/2021 29/09/2021
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4 [email protected]
6. The learned AGPs for the State strongly urged that the
Education Offcer who has passed order of approval in this matter
has passed such similar orders illegally in number of matters. The
State Government has initiated action against the said erring
offcer. Statement is accepted.
7. The learned counsel appearing for the parties jointly
state that judgment delivered by this Court today in Writ Petition
No.7298 of 2021 alongwith connected matters would apply to the
facts of this case.
8. We have gone through the said judgment. In our view the
said abovereferred judgment would apply to the facts of this case.
We do not suppose to take any different view in the matter and
accordingly pass the following order.
9. The impugned orders passed by the Deputy Director of
Education dated 29th September, 2021 in Writ Petition No.7359 of
2021, dated 29th September, 2021 in Writ Petition No.7364 of 2021,
dated 4th October, 2021 in Writ Petition No.7365 of 2021, dated 22 nd
June, 2021 in Writ Petition No.7362 of 2021, dated 4th October,
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5 [email protected]
2021 in Writ Petition No.7367 of 2021, dated 29 th September, 2021
in Writ Petition No.7319 of 2021, dated 29 th September, 2021 in Writ
Petition No.7360 of 2021, dated 29th September, 2021 in Writ
Petition No.7321 of 2021, dated 29th September, 2021 in Writ
Petition No.7320 of 2021, dated 8th November, 2021 in Writ Petition
No.7382 of 2021, dated 30 th September, 2021 in Writ Petition
No.7384 of 2021, dated 8th November, 2021 in Writ Petition No.7383
of 2021 and dated 29th September, 2021 in Writ Petition No.7380 of
2021 are quashed and set aside.
10. As far as Writ Petition No.7368 of 2021 is concerned, the
Deputy Director of Education has not passed any order refusing to
enter the name of the Petitioner in the Shalarth Pranali nor has
entered the name of the Petitioner in Shalarth Pranali till date. The
Deputy Director of Education is accordingly directed to enter the
name of the said Petitioner in the Shalarth Pranali not before expiry
of six weeks from today.
11. The Deputy Director of Education is also directed to
enter the name of the Petitioners in other Writ Petitions also in the
Shalarth Pranali not before expiry of six weeks from today.
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6 [email protected]
12. The arrears of salary, if any, shall be released by the
Deputy Director of Education after four weeks from the date of
entering the names of the Petitioners in the Shalarth Pranali.
13. It is made clear that this Court has not restrained the
State Government to initiate any action against the erring offcer.
We have not expressed any views on the correctness of the orders
passed by the Education Offcer.
14. Writ Petition is allowed in the abovesaid terms.
15. Rule is made absolute. No order as to costs.
16. Parties to act on the authenticated copy of this order.
(ABHAY AHUJA, J.) (R.D. DHANUKA, J.)
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