IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 15280 OF 2017 Neha D/o Suryakant Bhosale, Age; 31 years, Occ; Service, R/o; JBPC Bank Colony, in front of Bethel Church, Ramnagar,Jalna. ...PETITIONER V E R S U S

1. The State of Maharashtra, Through its Secretary, Department of School Education, Mantralaya-32.

2. The Deputy Director of Education, Aurangabad Division, Aurangabad.

3. The Education OfÏcer (Primary), Zilla Parishad, Jalna.

4. John Wilson Education Society, Mumbai.

Through its Secretary Wilson College, Girgaum Chaupati Mumbai 400 007.

5. Dr.Fraser Boy’s Primary School, Jalna - 431203, Tq. & Dist. Jalna Through it’s Head Mistress.

6. C. T.M.K. Gujrathi Primary School, Jalna Tq. & Dist. Jalna, Through its Head Master. ...RESPONDENTS ..………………………………….

Advocate for the petitioner : Mr.Ramesh I. Wakade AGP for the Respondent Nos. 1 & 2 : Mrs. Vaishali N. Patil (Jadhav)

Advocate for Respondent No. 3 : Mr.K.G. Salunke Advocate for Respondent No. 5 : Mr.S.S. Chillarge h/f Mr. V.G. Sakolkar Advocate for Respondent No. 6 : Mr. Pradeep Salunke h/f Mr. Sunil B.

Kakade ………………………………...

CORAM : MANGESH S. PATIL &

SANDEEP V. MARNE, JJ.

RESERVED DATE : 04.10.2022 PRONOUNCEMENT DATE : 14.10.2022 JUDGMENT : [PER : SANDEEP V. MARNE, J.]

1. Rule. Made returnable forthwith. With the consent of the learned Advocates for the respective parties, heard finally at the stage of admission.

2. Having been rendered surplus on 29.06.2013, Petitioner is aggrieved by her non absorption. She has sought following prayers in the petition :

“B. By issuing appropriate writ of mandamus or any other appropriate writ, order of direction in like nature, respondents may kindly be directed to absorb the petitioner being surplus teacher on the place of retired employee Smt. S.S.Ghorpade (Assistant Teacher) in the School of respondent No. 5 to release the regular salary to petitioner as per law and such exercise of absorption, may pleased be done within a period of 4 weeks.

C. By issuing appropriate writ of mandamus or any other appropriate writ, order or direction in like nature, respondents may kindly be directed to make a payment of salary of petitioner since September, 2015 till this date in accordance with law as expeditiously as possible.

D. By issuing appropriate writ or mandamus or any other appropriate writ, order or direction in like nature, respondent No. 3-Education OfÏcer, Z.P. Jalna may kindly be directed to take strict action against respondent No. 5 & 6 with regards to non absorption of petitioner and submit the compliance report in the present matter accordingly.”

3. The petitioner was appointed on 26.11.2007 in Dr. Fraser Boy’s Primary School, Jalna, (respondent No. 5-School) which is managed by respondent No. 4 Society. An approval to her appointment was granted vide order dated 17.01.2008 w.e.f. 26.11.2007. By communication dated 29.06.2013, she along with three other Assistant Teachers were informed that they were rendered surplus in accordance with the stafÏng pattern for the year 2013-14. They were further directed to report the duties in the Respondent No. 5-School.

4. By the order dated 27.01.2014, the Education OfÏcer (Primary) Zilla Parishad, Jalna ordered absorption of the petitioner in C.T.M.K. Gujrati Primary School, Jalna (respondent No. 6-school). Accordingly, respondent No. 5-School relieved her w.e.f. 01.02.2014. However, respondent No. 6-school did not permit her to join duties, which fact was brought to the notice of the Education OfÏcer by her vide letter dated 01.02.2014. Therefore, the Education OfÏcer wrote to respondent No. 5-School to submit her salary bills till further orders. Accordingly by order dated 26.09.2011, respondent No. 4-Management directed her to perform teaching duties in Douglas Girls’ Primary School, Bethal, Jalna w.e.f. 27.09.2014. In the meantime she made correspondence with the Education OfÏcer about the refusal by respondent No. 6-School to permit her to join duties. The Education OfÏcer