Vandana Govind Kale vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 17658 Bom

                                spb/                                                  24wp-7745-2021.odt


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO. 7745                OF      2021

                                Vandana d/o. Govind Kale                                      ... Petitioner.

                                                    V/s.

                                The State of Maharashtra, through its
                                Secretary, Education Dept. Mantralaya,
                                Mumbai-32 & Ors.                                    ... Respondents.
                                                                   ---
                                Mr. Vilas S. Panpatte, Advocate for the Petitioner.
                                Ms. Sushma S. Bhende, AGP for the State - Respondent Nos. 1 to 4.
                                Ms. Pratibha D. Shelke, Advocate for Respondent Nos. 5 & 6.
                                                                       ---

                                                CORAM : R.D. DHANUKA & R.N. LADDHA, JJ.
                                                 DATE : DECEMBER 20, 2021.
                                P.C. :

                                1            Ms. Bhende, learned AGP waives service of Rule                on
                                behalf of the State-Respondent Nos.1 to 4. Ms.Shelke, learned
                                Advocate waives service of Rule for Respondent Nos. 5 & 6.


                                2            By consent of the parties, the Petition is heard finally.


                                3            By this Petition filed under Article 226 of the Constitution
                                of India, the Petitioner seeks writ of mandamus or order or direction
                                against the Respondent No. 2 to include the name of the Petitioner,
                                working with Respondent No.6-School in the list of "Shalarth Pranali"

SHALIKRAM
             Digitally signed
             by SHALIKRAM
             PRALHADRAO
                                and release the salary of the Petitioner and further reliefs.
PRALHADRAO   BOREY
BOREY        Date: 2021.12.22
             10:42:24 +0530




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        4           Learned counsel for the Petitioner           has invited our
        attention to the orders passed by the Education Officer, granting
        approval   to   the    appointment    of    the   Petitioner      and    also
        recommendations made by the Education             Officer to the Deputy
        Director of Education, Pune and to include the name of the Petitioner in
        'Shalarth Pranali'.   The Petitioner is thus not getting salary though
        the name of the Petitioner for appointment is already approved by the
        Education Officer.    Name of the Petitioner is not entered in the
        'Shalarth Pranali' by the Deputy Director of Education till date.


        5           Learned counsel for the Petitioner has invited our attention
        to the Judgment delivered by this Court on 22nd July, 2021 in Writ
        Petition No. 3141 of 2021 filed by Aparna D/o. Vikas Thakkur & Anr.
        vs. State of Maharashtra & Ors. and the Judgment dated 6th October,
        2021 passed by this Court in Writ Petition No. 8641 of 2019 filed by
        Shri Sagar Prakash Pangul vs. State of Maharashtra & Ors..                He
        submits that the issues involved in the present Petition are no longer
        res-integra in view of the above two judgments delivered by this court
        in the said Writ Petitions. Learned AGP could not distinguish the said
        judgments cited by the learned counsel for the Petitioner.


        6           In our view, since the Education Officer            has already
        granted approval to the appointment of the Petitioner, the Deputy
        Director of Education cannot withheld its decision to include the name
        of the Petitioner with Respondent No. 6-School in the list of "Shalarth
        Pranali" and release her salary. There are no allegations of fraud,
        suppression or misrepresentation against the Petitioner or the

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        Management in appointing the Petitioner. We accordingly, pass the
        following order :
                                                  ORDER

(i) Writ Petition is allowed in terms of prayer Clauses (b) and (c).

(ii) Rule is made absolute in the above terms with no order as to costs.

Parties to act on an authenticated copy of this order duly issued by the Registry of this Court.

(R.N. LADDHA, J.) (R.D. DHANUKA, J.)

.....

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