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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V.GHUGE, ABHAY J.MANTRI
Yogesh Chandrakant Gawali – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. mandamus for assistant teacher appointments over shikshan sevak. (Para 1 , 2 , 3) |
| 2. tait selection for unaided graduate teachers with pay scales. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. appointment as sevaks contradicts unaided merit list selection. (Para 12 , 13) |
| 4. sevak scheme excludes unaided and municipal corporation schools. (Para 14 , 15 , 16 , 17) |
| 5. waiver by acceptance; 2019 gr applies to local bodies. (Para 18 , 19 , 20) |
| 6. invalid sevak appointments; coerced undertakings unenforceable. (Para 21 , 22 , 23 , 24) |
| 7. reappoint as teachers; pay differential after set-off. (Para 25 , 26 , 27) |
JUDGMENT :
RAVINDRA V. GHUGE, J.
1. Rule. Rule made returnable forth with and heard finally by the consent of the parties.
2. All these Petitioners are identically placed. In the First Petition, the Petitioners have put forth their Prayers below Paragraph No. 14, Clauses (A) & (C), which read as under :
A) This Hon'ble High Court be pleased to issue Writ in the nature of Mandamus or any other Writ order or direction to the respondent no. 2 to issue to the Petitioners the order of appointment as Full Time Assistant Teachers on un-aided basis in its Secondary Schools with effect
Aptitude test qualified candidates selected for unaided school assistant teacher posts with specified pay scale cannot be appointed on honorarium; entitled to regular pay from original date, coerced ....
The central legal point established in the judgment is that the management of Private Schools is obligated to consider non-teaching staff for appointment to the post of Shikshan Sevak if they acquire....
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties co....
The court established that the regularization of teachers appointed against leave vacancies is a right supported by government resolutions, and that the Urban Development Department lacks jurisdictio....
Approval for appointment of educational staff must adhere to existing vacancies and established communication protocol; unmanaged delays by authorities warrant administrative accountability.
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