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2023 Supreme(Bom) 546

G. S. PATEL, NEELA GOKHALE
Pratibha Murlidhar Tirmali – Appellant
Versus
State of Maharashtra, Through the Secretary, School Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr NV Bandiwadekar, Senior Advocate, with Vinayak Kumbhar, i/b AV Bandiwadekar
For the Respondent: Mrs PJ Gavhane, AGP.

JUDGMENT :

Neela Gokhale, J.

1. Rule. The 2nd Respondent has filed its Affidavit in Reply. By consent of parties, rule is made returnable forthwith.

2. The Petitioner is an employee of the 4th Respondent Junior College run by the 3rd Respondent Educational Trust. The 2nd Respondent is the Deputy Director of Education of the 1st Respondent, State of Maharashtra.

3. The case has a chequered history and has suffered previous rounds of litigation in this very Court. The Petitioner was first appointed as a full time Physics Teacher in the 4th Respondent- Junior College on a permanently unaided division and on an ad hoc payment for the year 2013-2014. Thereafter, responding to an advertisement dated 19th June 2015 published in newspaper, “Daily Loksatta”, the Petitioner applied for the post of Physics Teacher in the same college. Following a selection procedure, the Petitioner was issued an appointment letter as full time Physics Teacher on a temporary basis from 1st July 2015 to 7th November 2015, on the payment of a consolidated monthly salary of Rs. 10,000/-.

4. The Petitioner’s contract was renewed annually with breaks of few days in between successive appointments. This continued till 3

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