Bombay High Court
Divate Vinod Bhimraj vs The State Of Maharashtra Through ... on 4 May, 2022
Bench: R.D. Dhanuka, S. G. Mehare
(1) wp4987.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
951 WRIT PETITION NO. 4987 OF 2022
Divate Vinod S/o. Bhimraj, ...PETITIONER
Age-34 years, Occu-Asst. Teacher,
R/o. Ku8mabharwadi, Tq. Sangamner,
Dist. Ahmednagar
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through the Principal Secretary,
Secondary School Education Department,
Mantralaya, Mumabai-32
2. The Deputy Director of Education,
Pune Region, Pune, 411 001
3. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar
4. Sahyadri Bahujan Vidya Prasarak Samaj,
A/p. & Tq. Sangamner, Dist. Ahmednagar,
Pin Code 422 605
Through its Secretary
5. Sahakarmaharshi Bhausaheb Santuji Thorat,
Madhyamik Vidyalaya, A/P Khali,
Tq. Sangamner, Dist. Ahmednager
Through its Headmaster
Mr.Shivaji T. Shelke, Advocate for the petitioner
Mr. S. K. Tambe, AGP for the respondents/State
AND
954 WRIT PETITION NO. 5003 OF 2022
Vaidya Pallavi D/o. Badshaha, ...PETITIONER
Age-29 years, Occu-Asst. Teacher,
1 of 7
::: Uploaded on - 06/05/2022 ::: Downloaded on - 07/05/2022 00:44:25 :::
(2) wp4987.22.odt
R/o. Kolhewadi, Tq. Sangamner,
Dist. Ahmednagar
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through the Principal Secretary,
Secondary School Education Department,
Mantralaya, Mumabai-32
2. The Deputy Director of Education,
Pune Region, Pune, 411 001
3. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar
4. Sahyadri Bahujan Vidya Prasarak Samaj,
A/p. & Tq. Sangamner, Dist. Ahmednagar,
Pin Code 422 605
Through its Secretary
5. Bhimaji Ambuji Shinde Biroba Vidyalaya
A/P Rahimpur, Tq. Sangamner,
Dist. Ahmednager
Through its Headmaster
Mr.Shivaji T. Shelke, Advocate for the petitioner
Mr. S. K. Tambe, AGP for the respondents/State
AND
969 WRIT PETITION NO. 2752 OF 2022
Gorde Hemant Sopan, ...PETITIONER
Age-31 years, Occu-Service,
R/o. Astagaon, Tq. Rahata,
Dist. Ahmednagar
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through the Principal Secretary,
2 of 7
::: Uploaded on - 06/05/2022 ::: Downloaded on - 07/05/2022 00:44:25 :::
(3) wp4987.22.odt
Secondary School Education Department,
Mantralaya, Mumabai-32
2. The Deputy Director of Education,
Pune Region, Pune, 411 001
3. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar
4. Shri Ganesh Vidya Prasarak Mandal,
Ganesh Nagar, Post Ranjangaon (Kd),
Tq. Rahata, Dist. Ahmednagar,
Through its Executive Trustee
5. Rajmata Jijau Madhyamik Vidyalaya,
Ganesh Nagar, Ranjangaon, (Kd)
Tq. Rahata, Dist. Ahmednagar,
Through its Headmaster
Mr.Shivaji T. Shelke, Advocate for the petitioner
Mr. A. R. Kale, AGP for the respondents/State
Mr. S. S. Wagh, Advocate for the respondent Nos. 4
and 5
AND
970 WRIT PETITION NO. 2775 OF 2022
Thombre Nandkumar Madhukar, ...PETITIONER
Age-31 years, Occu-Service,
R/o. Shirdi, Tq. Rahata,
Dist. Ahmednagar
VERSUS
1. The State of Maharashtra, ...RESPONDENTS
Through the Principal Secretary,
Secondary School Education Department,
Mantralaya, Mumabai-32
2. The Deputy Director of Education,
Pune Region, Pune, 411 001
3 of 7
::: Uploaded on - 06/05/2022 ::: Downloaded on - 07/05/2022 00:44:25 :::
(4) wp4987.22.odt
3. The Education Officer (Secondary),
Zilla Parishad, Ahmednagar
4. Shri Ganesh Vidya Prasarak Mandal,
Ganesh Nagar, Post Ranjangaon (Kd)
Tq. Rahata, Dist. Ahmednagar,
Through its Executive Trustee
5. Jai Hanuman Vidyalaya,
At Ranjangaon Deshmukh,
Tq. Kopargaon, Dist. Ahmednagar
Through its Headmaster
Mr.Shivaji T. Shelke, Advocate for the petitioner
Mr. A. R. Kale, AGP for the respondents/State
Mr. S. S. Wagh, Advocate for the respondent Nos. 4
and 5
CORAM : R. D. DHANUKA &
S. G. MEHARE, JJ.
DATE : 04th May, 2022
JUDGMENT:
1. Rule. Rule made returnable forthwith.
2. The learned AGP waives service of notice
for the respondents/State.
3. By this petition filed under Article 226 of
the Constitution of India, the petitioner has prayed
for setting aside the order passed by the Dy.
Director Education dated 08-04-2022 regarding
4 of 7
(5) wp4987.22.odt
rejection of the proposal for inclusion of name of
the petitioner in Shalarth ID for monthly salary
payments.
4. It is not in dispute that the Education
officer has already approved the appointment of the
petitioner. The proposal was submitted by the
Management for inclusion of the name of the
petitioner in Shalarth Pranali on 27/11/2021. By
order dated 08-04-2022 the Dy. Director of Education
has rejected the proposal on the ground that there
was no explanation as regards the vacancy of unaided
post occurred in 2018.
5. The learned counsel for the petitioner
invited our attention to the judgment of this court
passed on 21-01-2022 in WP No. 8881 of 2021 (Abhijit
Ashok Waje Vs The State of Maharashtra and others)
and other companion matters and would submit that
Dy. Director Education has no jurisdiction or
authority to reject the proposal for inclusion of
the employee in Shalarth ID unless there are
allegations of fraud or suppression against the
employee or management. He would submit that in this
case no such allegations are made by the respondent
No.2-Dy. Director of Education.
6. Since the Education Officer has already
5 of 7
(6) wp4987.22.odt
granted approval to the appointment of the
petitioner, Dy. Director of Education could not have
rejected the proposal for inclusion of the name of
the petitioner in Shalarth ID on the ground that
there was no explanation as regards the vacancy for
unaided post occurred in 2018.
7. In our view the order passed by the Dy.
Director is totally without authority and contrary
to the well settled the principle of law laid down
by this court in writ petition No. 8881 of 2021 in
the case of Abhijit Ashok Waje (supra) and in catena
of decisions delivered by this court subsequently.
We accordingly pass the following order:
ORDER
i. The writ petition is allowed in terms
of prayer clause-B and C.
ii. Name of the petitioner shall be
included in the Shalarth ID within the
period of two weeks from the date of
communication of this order. Arrears of
salary if any shall be released within four
weeks thereafter.
iii. Rule is made absolute.
6 of 7
(7) wp4987.22.odt
iv. Parties to act upon authenticated copy
of this order.
[S. G. MEHARE, J.] [R. D. DHANUKA, J.]
VishalK/wp4987.22.odt
7 of 7
