Bombay High Court
Dayaram Kerappa Sawant vs The Deputy Director Of Education And Ors on 19 September, 2019
Author: Bharati Dangre
Bench: Pradeep Nandrajog, Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3859 OF 2004
Dayaram Kerappa Sawant .. Petitioner
Vs.
The Deputy Director of Education & Ors. .. Respondents
None for the Petitioner.
Mr. M. M. Pabale, AGP for Respondent Nos.1 & 2.
WITH
WRIT PETITION NO. 1066 OF 2008
Bhalchandra Digambar Patil .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Vinayak Kumbhar I/by Mr. N. V. Bandiwadekar for Petitioner.
Mr. K. S. Thorat, AGP for Respondent Nos.1 & 2.
WITH
WRIT PETITION NO. 1238 OF 2008
WITH
CIVIL APPLICATION NO. 1360 OF 2008
Vasudha Krishnaji Surve .. Petitioner
Vs.
General Secretary
Shri Shivaji Shikshan Prasarak Mandal & Ors. .. Respondents
Mr. Sandeep Salunkhe I/by Dinesh W. Bhosale for Petitioner.
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Mr. I. M. Khairdi for Respondent No.1.
Ms. Nisha Mehra, AGP for Respondent No.4.
WITH
WRIT PETITION NO. 2421 OF 2008
Shaikh Ifran Shoukatali .. Petitioner
Vs.
State of Maharashtra & Ors. .. Respondents
None for the Petitioner.
Mr. M. M. Pabale, AGP for Respondent No.1.
WITH
WRIT PETITION NO. 2592 OF 2008
Vijaykumar Raosaheb Kulkarni .. Petitioner
Vs.
The Education Officer (Secondary)
Zilla Parishad, Pune & Ors. .. Respondents
None for the Petitioner.
Mr. K. S. Thorat, AGP for Respondent Nos.1 & 4.
WITH
WRIT PETITION NO. 3709 OF 2008
Baba Datu Jadhav .. Petitioner
Vs.
State of Maharashtra & Ors. .. Respondents
None for the Petitioner.
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Ms. Nisha Mehra, AGP for Respondent Nos.1 to 3.
WITH
WRIT PETITION NO. 4295 OF 2008
Vanita Nimesh Vyas .. Petitioner
Vs.
The Chairman/Secretary
Aryan Education Society & Ors. .. Respondents
None for the Petitioner.
Mr. M. M. Pabale, AGP for State.
WITH
WRIT PETITION NO. 3951 OF 2015
Smt. Suvarna Sunil Khandekar .. Petitioner
Vs.
The State of Maharashtra through the
Secretary, School Education Dept., & Ors. .. Respondents
None for the Petitioner.
Mr. A. I. Patel, Addl. G. P. for Respondent Nos.1 & 2.
WITH
WRIT PETITION NO. 1697 OF 2016
Shri Baburao Maruti Alugade .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Prashant R. Suryawanshi I/by Mr. Gajanan M. Savagave for
Petitioner.
Ms. Nisha Mehra, AGP for Respondent Nos.1 & 2.
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WITH
WRIT PETITION NO. 7683 OF 2015
Shri Baburao Ganpati Powar .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Prashant R. Suryawanshi I/by Mr. Gajanan M. Savagave for
Petitioner.
Ms. Nisha Mehra, AGP for Respondent Nos.1 & 2.
WITH
WRIT PETITION NO. 13969 OF 2016
Smt. Sujata Baburao Naik .. Petitioner
Vs.
The State of Maharashtra & Ors. .. Respondents
Mr. Prashant R. Suryawanshi I/by Mr. Gajanan M. Savagave for
Petitioner.
Ms. Nisha Mehra, AGP for Respondent Nos.1 & 2.
WITH
WRIT PETITION NO. 11712 OF 2016
Shri Ganesh Tanaji Chougule .. Petitioner
Vs.
Education Officer (Sec) & Ors. .. Respondents
None for the Petitioner.
Mr. M. M. Pabale, AGP for Respondent Nos.1 & 4.
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CORAM: PRADEEP NANDRAJOG, CJ. &
SMT. BHARATI DANGRE, J.
SEPTEMBER 19, 2019.
P.C.
1. We had deferred hearing in a batch of Writ Petitions on 24.07.2019. The said order reads as under :-
" On 20 July 2019 a Government Resolution has been issued constituting a Grievance Redressal Committee comprising the concerned Divisional Deputy Director as Chairperson and the Principal of the concerned School as Member and Education Officer as Member Secretary. The Committee is empowered to decide all kinds of service disputes raised by employees of recognized unaided,partially aided and fully aided schools other than those which have to be adjudicated by the School Tribunal constituted under the Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977.
2. Issue raised in above captioned Writ Petitions can thus be referred to the Committee constituted by the Government Resolution dated 20 July 2019.
3. The Department of Education in co- ordination with the office of the Government Pleader, High Court, Mumbai will ensure that ::: Uploaded on - 19/09/2019 ::: Downloaded on - 20/09/2019 03:37:50 ::: 6/7 1 to 10- wp-3859-04 & ors.doc copies of the Petitions which are available in the record of the Government Pleader's office or photo- copies thereof are remitted to the Committee. If the copies are not traceable in the office of the Government Pleader, then upon request, the Registry will supply a copy to the office of the Government Pleader. The Department of Education will also co-ordinate with the office of the Government Pleader in informing the Court the outcome of the proceedings before the Committee.
4. Thus, the captioned Petitions are adjourned by six months."
2. The said order was passed on an apparent wrong translation of the Government Resolution dated 20.07.2019. The translated copy handed over to us revealed in paragraph 3 that complaints of the teachers and non teaching employees of private aided/non-aided schools were covered by the said GR. But we find that the GR covers employees of private fully aided and partially aided schools and not non-aided schools.
3. However, keeping in view the ethos of the GR, it is apparent that the intent was to make available a forum for all employees working in schools and covered by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
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4. Accordingly by the order dated 30 July 2019 passed in Writ Petition No. 2739 of 2008 we had directed the Government of Maharashtra to issue a corrigendum to the Government Resolution dated 20.07.2019. The corrected corrigendum would rectify what apparently was a typographic omission in the said GR.
5. In said order we had issued one more clarification. The 3rd Officer constituting the Committee referred to in the GR dated 20.07.2019 is the concerned Education Officer, but pertaining to the schools in Mumbai would be the Education Inspector.
6. In harmony with the order dated 24.07.2019, we defer hearing in the above captioned Writ Petitions by six months requiring the Committee constituted to consider the grievance urged in the writ petitions and pass formal orders.
SMT. BHARATI DANGRE, J. CHIEF JUSTICE
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