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2022 Supreme(Bom) 799

SANDEEP V.MARNE, MANGESH S.PATIL
Shaikh Tausif Ahmed Khamar Pasha – Appellant
Versus
Ambar Shikshan Prasarak Va Bahuddeshiya Sevabhavi Sanstha – Respondent


Advocates Appeared:
For the Petitioner: Shri Sushant V. Dixit.
For the Respondent: Shri S. S. Kazi, Shri Eknath P. Sawant, Shri K. N. Lokhande.

JUDGMENT :

Sandeep V. Marne, J.

1. Rule. Rule made returnable forthwith. With the consent of parties taken up for final hearing at the stage of admission.

2. The short question that arises for our consideration in the present petition is whether in the light of existence of factual dispute as to whether any salary is payable or not for a particular period, whether this Court can entertain the present petition only on account of the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (for the sake of brevity hereinafter referred as to the “Rules of 1981”).

3. Brief facts of the case, shorn of unnecessary details, are that the petitioner was appointed as an Assistant Teacher in the respondent No. 2 school managed by the respondent No. 1 on 15.06.2009. It is an unaided school. Approval in respect of his appointment was granted by the respondent No. 3 vide order dated 31.12.2015 for the period from 15.06.2009 to 14.06.2011 on non grant basis. There is no dispute that on account of the approval being granted on non grant basis, the responsibility of payment of salary to the petitioner rests on respondent Nos. 1 and 2.

4. Services of the

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