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Bombay High Court

VINOD SURESH MAHAMUNI AND ANRversusTHE STATE OF MAHA. THR. SEC. SCHOOL EDUCATION DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The petition was disposed without granting relief, with the court directing the petitioners to make a representation and the Education Officer to decide the matter.

Summary

The petitioners, a peon and the managing society of a fully aided secondary school, sought a court direction to revise the 2011 order that approved the peon's appointment on an unaided basis to a fully aided basis and to release the corresponding grant‑in‑aid, including arrears. The school had earlier obtained staff sanction orders sanctioning both peon posts on a fully aided basis for several academic years. The Education Officer had approved the peon's appointment on an unaided basis in 2011, and later refused to revise it. The High Court allowed the petitioners to make a representation to the Education Officer within two weeks and directed the officer to decide within four weeks, leaving all contentions open and disposing of the writ petition without granting the relief sought.

Issues considered

  • Whether the order approving the appointment of a peon on an unaided basis can be revised to a fully aided basis
  • Whether grant‑in‑aid, including arrears, can be released for the appointment

Legislation cited

Subjects

  • appointment
  • aided versus unaided
  • grant-in-aid
  • school staff
  • writ petition
  • representation
  • education law

Judgment

                                                             401_WP_12089_2022.DOC




Prasad
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                     WRIT PETITION NO. 12089 OF 2022

Vinod Suresh Mahamuni & Anr.                                  ...Petitioners
      Versus
The State of Maha.
through Sec. School Education Dept. & Ors.                    ...Respondents

                                     _______

Mr Narendra V. Bandiwadekar, Senior Advocate a/w Vinayak R. Kumbhar,
   Rajendra B. Khaire i/by Ashwini N. Bandiwadekar, for Petitioners.
Ms Devyani S. Deshmukh, AGP for Respondent - State.
                                     _______


                            CORAM:        G. S. KULKARNI &
                                          DR. NEELA GOKHALE, JJ.

                            DATE:         28th SEPTEMBER 2026

P.C.


1.       By this petition, the Petitioners seek a direction to Respondent No. 2 –

Education Officer (Secondary), Zilla Parishad, Thane, to issue a revised order

approving the appointment of Petitioner No. 1 as a Peon on a fully aided basis,

with effect from 1st June 2011, in place of the approval granted on an unaided basis

by the order dated 12th September 2011, and to release grant-in-aid towards his

salary, including arrears. A consequential direction is sought against Respondent

No. 3 – Deputy Director of Education, Mumbai Region, to enter the name of

Petitioner No. 1 in the Shalarth system and allot him a Shalarth ID.




                                  Page 1 of 3
                                                              401_WP_12089_2022.DOC



2.     Petitioner No. 2 – Swami Vivekanand Education Society operates the

Swami Vivekanand High School at Ulhasnagar, District Thane, a recognised and

fully aided secondary school governed by the Maharashtra Employees of Private

Schools (Conditions of Service) Regulation Act, 1977, and the Rules framed

thereunder. By the staff sanction (Sanch Manyata) order dated 13 th August 2010,

Respondent No. 2 sanctioned two Peon posts for the School on an aided basis. No

teaching or non-teaching posts were sanctioned on an unaided or partially aided

basis. By an order dated 2nd November 2010, the two Peons, then in service,

including one, Smt. Varsha Sonar, were approved on a 100% aided basis. Smt.

Sonar resigned with effect from 31st May 2011. To fill the vacancy, the Management

advertised the post in the ‘Daily Mumbai Mirror’ and, after interviewing the

candidates, selected Petitioner No. 1, who joined as a Peon on 1 st June 2011. On the

School’s proposal dated 5th September 2011, Respondent No. 2, by an order dated

12th September 2011, approved the appointment of Petitioner No. 1 with effect

from 1st June 2011, on probation, but on an unaided basis.


3.     The staff sanction orders dated 18th August 2011, 29th August 2012 and 10th

October 2014, covering the academic years 2010-11 to 2013-14, continued to

sanction both posts of Peon on a fully aided basis and no non-teaching post on an

unaided basis. The Management and the Headmistress requested Respondent No.

2 to correct the order of approval, recently, by letters dated 5 th August 2022 and

24th August 2022. According to the Petitioners, Respondent No. 2 orally informed

them that her predecessor had issued the order in 2011 and that it could not now

be revised.


                                  Page 2 of 3
                                                                                      401_WP_12089_2022.DOC



                       4.     We have heard learned Counsel for the parties. Considering the averments

                       in the petition, the Petitioner is permitted to make a representation to Respondent

                       No. 2 regarding approval of his appointment as a Peon, within a period of two

                       weeks from today. If such representation is made, Respondent No. 2 shall decide

                       the same within a period of four weeks thereafter.


                       5.     All contentions of all the parties are left open.


                       6.     The Writ Petition is accordingly disposed of. No costs.



                       (DR. NEELA GOKHALE, J)                                     (G. S. KULKARNI, J.)


PRASAD
RAJENDRASING
RAJPUT

 Digitally signed by
 PRASAD
 RAJENDRASING
 RAJPUT
 Date: 2026.09.30
 19:03:38 +0530




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