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2009 Supreme(Bom) 512

D.Y.CHANDRACHUD, SWATANTER KUMAR
Shubhada Prabhakar Patil – Appellant
Versus
State of Maharashtra, through the Secretary, Department of Education – Respondent


Advocates appeared:
For the Appellant : Susheel Mahadeshwar i/b, Ranjana Todankar
Advocate.For the Respondents:R1,& R2, J.S. Saluja, Assistant Government Pleader, R3 & R4, R.Z. Moray, M.V. Limaye Advocate.

Judgment :

DR. D.Y. Chandrachud, J.

1. Rule, by consent of the learned counsel made returnable forthwith. Counsel appearing for the Respondents waive service. With the consent of the learned counsel and at their request, the Petition is taken up for hearing and final disposal.

2. Thethree Petitioners before the Court – Shubhada Patil, Sharda Gadhari and Kshama Naik – were appointed as Shikshan Sevaks in the V.N. Sule Guruji English Medium School conducted by the Indian Education Society. The management is the Third Respondent while the School is impleaded through its Headmistress as the Fourth Respondent. The appointments were made during the academic year 200607. The qualifications, dates of appointment and the category to which the Petitioners belong are tabulated herein below for convenience of reference :

Table

3. The Shikshan Sevak scheme was introduced by the State Government by a resolution dated 13th October, 2000 and the Petitioners were appointed under the scheme for a period of three years. In 2007 the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 was amended in order to bring Shikshan Sevaks within the purview of the Act. Under th



































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