Bombay High Court
Sandeep Maruti Marathe vs State Of Maharashtra Thr. Detp. Of ... on 1 December, 2023
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2023:BHC-AS:36138-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7722 OF 2021
Shri. Sandeep Maruti Marathe
Age : 34 Years, Occ : Service,
R/at: B-8, Phase No.1,
Omkar Park, Rajmudra Society,
Dhankawadi,
Pune: 411 043. ... Petitioner
V/s.
1. State of Maharashtra
Department of School
Education, Mantralaya, Mumbai
(Through its Secretary)
2. The Deputy Director of Education, (Primary),
Pune Region,
17, Dr. Ambedkar Road,
Pune 411 001.
3. The Education Officer (Primary),
Zilla Parishad, Pune,
Near SGS Mall, Pune 411 001.
4. The Administrative Officer,
Education Department
(Primary),
Pune Municipal Corporation,
Shivaji Nagar, Pune 411 005.
5. Shri Shivaji Maratha Society,
Near Mamaledar Kacheri,
Shkrawar Peth
Pune 411 001.
(Through it's Secretary)
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6. Maharashtra Education Society,
1214-1215, Sadashiv Peth,
Pune: 411 030
(Through it's Secretary) ... Respondents
-----
Ms. Kumud A. Bhatia for the Petitioner.
Mr. Sarang S. Aradhye a/w. Ms. Shruti Kothavade, Mr. Shantanu Gurav, Mr.
Saarth S. Chordia for Respondent No.6.
Mr. Prathamesh Bhargude a/w. Mr. Sharad Dhore, Mr. Sumit Sonare for
Respondent No.5.
Mr. N. C. Walimbe, Addl. G. P. a/w. Mr. R. P. Kadam, AGP for Respondent-
State.
-----
Digitally
signed by
ASHVINI
ASHVINI BAPPASAHEB
BAPPASAHEB KAKDE
CORAM : A. S. CHANDURKAR &
KAKDE Date:
2023.12.05
17:54:44
FIRDOSH P. POONIWALLA, JJ.
+0530
DATE : 1ST DECEMBER 2023
Oral Judgment (Per A. S. Chandurkar J.):-
1. Rule. Rule made returnable forthwith and heard the learned
Counsel for the parties.
2. The Petitioner came to be appointed on the post of Primary
Teacher at the school run by the 6th Respondent. His services were declared
as surplus teacher on 17.11.2014, as a result of which he was transferred to
another school. Thereafter, on 27.07.2019, the said school transferred the
services of the Petitioner to yet another school. The Petitioner seeks
repatriation of his services at the school run by the 5 th Respondent on the
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premise that a vacancy is now available there.
3. Having heard the learned counsel for the parties and having
perused the documents on record we find that the situation that arises is
governed by the provisions of Rule 26 of the Maharashtra Employees of
Private School (Conditions of Service) Rules, 1981. As per Rule 26(4) thereof
a provision has been made to enable an employee to be repatriated to his
original school. In the facts of the case, the interests of justice would be
served by directing the Petitioner as well as the 5th Respondent to act in
accordance with provisions of Rule 26(4) of the Rules of 1981. The Petitioner
shall accordingly communicate his address to the 5th Respondent by
registered post as required. As and when a post for an additional teacher for
the same subject is available the 5th Respondent shall inform the Petitioner of
the same. The Petitioner is thereafter free to take appropriate steps in the
matter.
4. By directing the Petitioner as well as 5 th Respondent to act
accordingly, the Writ Petition is disposed of.
5. Rule accordingly with no order as to costs.
(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)
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