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  1. Home/
  2. Library/
  3. Bombay High Court/
  4. 2024/
  5. February

Vasant Sitaram Umasare vs. the State of Maharashtra Through the Principal Secretary and Ors.

Decided on 29 February 2024• Citation: WP/12810/2015• Bombay High Court
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                                              1                                   
                                                        1-WP-1196-2016.doc        
                     IN THE  HIGH  COURT   OF JUDICATURE   AT BOMBAY              
                             CIVIL  APPELLATE   JURISDICTION                      
                             WRIT  PETITION   NO. 1196 OF 2016                    
                  Sao-Vijaya Shankar Mokashi (Parthe)   ...Petitioner             
                          Versus                                                  
                  The State Of Maharashtra And Ors.     ...Respondents            
                                           WITH                                   
                              WRIT  PETITION  NO. 1197 OF 2016                    
                  Chhaya Suresh Salvi                   ...Petitioner             
     SNEHA                                                                        
     NITIN                Versus                                                  
     CHAVAN                                                                       
                  The State Of Maharashtra And Ors.     ...Respondents            
     Digitally signed                                                             
     by SNEHA                                                                     
     NITIN CHAVAN                                                                 
     Date: 2024.03.04                                                             
                                           WITH                                   
     10:34:28 +0530                                                               
                              WRIT  PETITION  NO. 1198 OF 2016                    
                  Namrata Nandkumar Mhatre              ...Petitioner             
                          Versus                                                  
                  The State Of Maharashtra And Ors.     ...Respondents            
                                           WITH                                   
                              WRIT  PETITION  NO. 1199 OF 2016                    
                  Pandurang Sakharam Parbalkar          ...Petitioner             
                          Versus                                                  
                  The State Of Maharashtra And Ors.     ...Respondents            
                                           WITH                                   
                             WRIT  PETITION  NO.  12810 OF 2015                   
                  Vasant Sitaram Umasare                ...Petitioner             
                          Versus                                                  
                  The State Of Maharashtra And Ors.     ...Respondents            
                                           WITH                                   
                  Sneha Chavan                                                    

                                              2                                   
                                                        1-WP-1196-2016.doc        
                             WRIT  PETITION  NO.  12814 OF 2015                   
                  Damaji Ganpat Kadam                   ...Petitioner             
                          Versus                                                  
                  The State Of Maharashtra And Ors.     ...Respondents            
                                            ****                                  
                  Mr. Makarand Kale for the Petitioners.                          
                  Mr. Mandar Limaye for the Respondent Nos. 2 to 4.               
                  Mr. B.V. Samant, Addl. GP a/w S.B. Kalel, AGP for the Respondent/
                  State.                                                          
                                            ****                                  
                                     CORAM    : NITIN JAMDAR   AND                
                                               M.M.  SATHAYE,  JJ.                
                                       DATE  : 29 FEBRUARY   2024                 
                  P.C. :                                                          
                  .    Heard the learned counsel for the parties.                 
                  2.   The Petitioners were working as Assistant Teachers and Peons
                  in the school at Pali Taluka Sudhagad, run by Respondent        
                  No.2/Education Society. They have sought to challenge the order 
                  dated 3 April 2013 of de-recognition of the said school by the  
                  Deputy Director of Education. Writ Petitions are filed in the year
                  2015.  This order of de-recognition is not challenged by the    
                  Management and is accepted. The school where the Petitioners were
                  appointed was an unaided school. The Petitioners are not approved
                  teachers. It is the contention of the Petitioners that the liability of
                  Sneha Chavan                                                    

                                              3                                   
                                                        1-WP-1196-2016.doc        
                  the Management  to pay their salary dues is not lost and the    
                  Management has sufficient means. This aspect is controverted by the
                  learned counsel for the Respondent/Management, who submits that 
                  the subject school is already closed.                           
                  3.   The State Government by the Government Resolutions dated   
                  20 July 2019 and 1 October 2019 has established the Grievance   
                  Forum for redressal of the grievances of the teaching and non   
                  teaching staff in respect of the disputes which are not referable to
                  Section 9 of the Maharashtra Employees  of Private Schools      
                  (Condition of Services) Regulation Act, 1977. In light of the   
                  creation of this forum under the said Government Resolution, we 
                  permit the Petitioners to approach the said Grievance Forum.    
                  4.   If the Petitioners make a representation/application to the
                  Grievance Forum within a period of 4 weeks, the Grievance Forum 
                  would consider and dispose of the applications/representations  
                  within a period of 8 weeks thereafter, subject to earlier cases.
                  5.   Keeping all contentions of the parties open, Writ Petitions are
                  disposed of.                                                    
                   (M.M. SATHAYE,  J.)             (NITIN JAMDAR,  J.)            
                  Sneha Chavan