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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 Officer (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

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..………………………………….

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

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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 Officer, 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 staffing 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 Officer

(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 Officer by her

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vide letter dated 01.02.2014. Therefore, the Education Officer wrote to

respondent No. 5-School to submit h