Bombay High Court

SACHIN JANABA ALIAS JANU PAKHAREversusTHE STATE OF MAHRASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition must be referred to the grievance forum constituted under the Government resolution dated 27 March 2024.

Summary

The petitioner, Sachin Janaba, filed a writ petition challenging the denial of a compassionate appointment under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977. Respondents, including the State of Maharashtra, argued that a Government resolution dated 27 March 2024 had created a grievance forum to address disputes not covered by section 9 of the Act, including compassionate appointments. The Court examined whether the petition should be heard by the High Court or referred to the newly constituted grievance committee. It held that the grievance forum is the appropriate forum for such grievances and ordered the parties to approach it. Consequently, the writ petition was disposed, with the petitioner directed to file the grievance within two weeks and the forum to decide within eight weeks.

Issues considered

Whether the grievance concerning denial of a compassionate appointment under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, falls within the jurisdiction of the High Court or the grievance forum established by the Government resolution of 27‑03‑2024.

Legislation cited

Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 — s. 9

Subjects

compassionate appointment
grievance forum
writ petition
High Court of Bombay
Maharashtra Employees of Private Schools Act
section 9
government resolution

Judgment

2026:BHC-AUG:38476-DB


                                                 1              28-wp 11509-2019.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 11509 OF 2019

                 Sachin Janaba @ Janu Pakhare                              .. Petitioner

                        Versus

                 The State Of Maharashtra And Others                       .. Respondents

                 Mr. K. D. Khade, Advocate h/f Mr. Balasaheb K. Pawar, Advocate
                 for Petitioner.
                 Mr. R. S. Wani, AGP for Respondent Nos. 1 & 2.
                 Mr. V. V. Tarde, Advocate for Respondent No. 3.
                 Mr. R. I. Wakade, Advocate for Respondent Nos. 4 & 5.

                                         CORAM : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.
                                          DATE       :   24th AUGUST, 2026.

                 PER COURT :-

                 1.     Heard learned advocate for the petitioner, learned A.G.P. and

                 learned advocate for respondents.


                 2.     At the outset, learned advocate Mr. Wakade for respondent

                 Nos. 4 and 5 places on record Government decision dated

                 27.03.2024 establishing a grievance forum for hearing the

                 disputes which are not covered under section 9 of the

                 Maharashtra Employees of Private Schools (Conditions of Service)

                 Regulation Act, 1977, which includes even the grievances as
                                  2             28-wp 11509-2019.odt


regards the refusal to give appointment on compassionate ground.

Present case is about compassionate appointment. He thus

submits that the grievance can be considered very well by the

grievance committee. He submits that even the proceedings which

were pending earlier, in view of this Government Resolution have

been transferred to the grievance committee.


3.       Considering above, it would be appropriate to relegate the

parties to the grievance forum constituted under the Government

Resolution dated 27.03.2024.


4.       With this, the writ petition stands disposed of.


5.       It is open for the petitioner to approach the grievance forum

within two weeks from today. If the petitioner approaches the

grievance forum, the grievance forum shall consider the grievance

within eight weeks thereafter.



( JITENDRA JAIN, J.)                          ( KISHORE C. SANT, J. )




P.S.B.

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