Bombay High Court

SUREKHA SUDHAKAR SADAVARTEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ORS

Disposal: Disposed Off
Bench: AJIT B KADETHANKAR R G AVACHAT

Holding

The court held that seniority disputes concerning promotion of Assistant Teachers must be referred to the grievance redressal committee constituted under the Government Resolution dated 27 March 2024, and the court’s role is limited to directing the parties to that forum.

Summary

The petition filed by Surekha Sudhakar Sadavarte sought promotion to Headmaster, alleging seniority over other Assistant Teachers, particularly respondent No. 7. The High Court noted that similar seniority disputes have been directed to the grievance redressal committee created under the Government Resolution dated 27 March 2024, as affirmed in Nitin Jaysing Salunkhe v. State of Maharashtra. The court held that the committee is the appropriate forum to adjudicate factual and legal questions in such matters. Accordingly, the petitioner was directed to approach the relevant committee within four weeks, and the committee was instructed to decide the grievance within sixteen weeks of receipt. The petition was therefore disposed of, with all contentions left open for consideration by the committee.

Issues considered

Whether the High Court can entertain a seniority dispute among Assistant Teachers directly or must refer it to the grievance redressal committee under the Government Resolution.
Whether the grievance redressal mechanism provided by the Government Resolution dated 27 March 2024 constitutes an adequate and binding remedy for the petitioner’s claim.
What procedural timeline, if any, should be imposed on the petitioner and the committee for filing and deciding the grievance.

Subjects

seniority dispute
promotion
headmaster
grievance redressal committee
government resolution
administrative law
education sector

Judgment

                                                             1-SR903.odt


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                 WRIT PETITION NO. 1529 OF 2024


Surekha Sudhakar Sadavarte                         ..Petitioner
     Vs.
The State of Maharashtra
and others                                         ..Respondents

                               ----
Mr.R.S.Rane, Advocate i/b. Mr.Rahul B. Vijaymane, Advocate for
petitioner

Ms.T.J.Kapre, AGP for respondent nos.1 to 3

Mr.Shraddha Nakoti, Advocate i/b. .Mr.Rupesh Bobade, Advocate for
respondent nos.4 and 5
                                ----

                   CORAM :     R. G. AVACHAT &
                               AJIT B. KADETHANKAR, JJ.
                   DATE    :   FEBRUARY 17, 2026

ORDER :-


           This is a dispute of seniority amongst the Assistant

Teachers to claim promotion to the post of Headmaster.             The

controversy is between the petitioner and respondent no.7.



2.         This Court in Writ Petition No.12447 of 2025 (Nitin

Jaysing Salunkhe Vs. The State of Maharashtra) decided on

03.12.2025, referring to the Government Resolution dated 27.03.2024
                                       2                                1-SR903



has observed that such controversy needs to be relegated to the

dispute redressal committee formed under the said Government

Resolution and the order shall be binding on the parties. Paragraphs

12 to 17 of the judgment dated 27.03.2024 in Nitin Jaysing

Salunkhe (supra) are as under:-


                 12.     It is certainly sagacious that such
                 grievances and the disputed questions of facts as
                 also the factual controversies are dealt with
                 initially by expert authorities which are wholly
                 conversant with the facts, applicability of
                 prevailing provisions/ government policies and
                 the terminology used in various provisions
                 concerning the subject-matter of grievances.
                 From the recitals of Government Resolution dated
                 27th March 2024, it is clear that Committees
                 formed therein comprise of such experts who are
                 oiciating positions to prevail over the
                 subjectmatter grievances.

                 13.   It is pertinent to note that as per Clause
                 4(1) of the Government Resolution dated 27 th
                 March 2024, although it enables complaints /
                 appeals in respect of the cause of action arisen
                 after 1st January 2024, yet it mandates the
                 “Committees” to adjudicate the issues arisen
                 during the prior period, if directed by this court.

                 14.    As such, we have no manner of doubt in
                 our minds that grievance redressal mechanism
                 contained in the Government Resolution dated
                 27th March 2024 is an adequate remedy to
                 redress Petitioners’ grievance raised in the present
                 Writ Petition. Petitioner’s grievance recorded by
                 us in the subject-matter column above can be
                 suitably and appropriately adjudicated by the
                 concerned Committee in view of issues/subject-
                      3                                1-SR903



matters enlisted in Clause (2) of the Government
Resolution dated 27th March 2024.

15.    What we expect and observe is that let
such pioneering grievance redressal mechanism
framed for the Private School Managements and
employees therein, be efectively and scrupulously
operated by the Members of respective
Committees. Needless to mention, the respective
committees shall always take into consideration
various judicial pronouncements of the Hon'ble
Supreme Court as well as this Court on the issues
that may come before those Committees. Failure
to follow those judicial pronouncements, not
referring to those, shall be taken seriously and
would be held as contemptuous. The Committees
shall meticulously go through documents
tendered by parties, the disputed questions of
facts and shall take appropriate decisions in the
light of provisions particularly in the light of law
laid down by the Hon'ble Supreme Court and this
Court.

16.     The respective Committees must in their
orders refer to the legal positions on the subject-
matter issues and pass appropriate order
rendering categorical inding as to how the legal
position applies / covers the case in hand.

17.    The proceedings before the respective
committees shall be taken to its logical end
meaningfully and not merely remain pending.
The time-frame shall be observed scrupulously by
the respective Committees. No committee shall
refuse to entertain the complaint/ grievance for
want of any order under challenge, if the
complaint/ grievance is raised due to inaction on
the part of any authority to adjudicate
proposal/claim of the concerned school
management or its employee.
                                      4                             1-SR903



3.            In view of the above, the petitioner is at liberty to

approach the concerned grievance committee within four weeks

from today.    The concerned grievance committee shall issue notices

to all the concerned parties and then proceed on the basis of the

record. The grievance committee shall decide the dispute within a

period of sixteen weeks from the date of receiving such grievance.

With these directions, the petition stands disposed of.



4.            All contentions are kept open.




[AJIT B. KADETHANKAR, J.]                      [R.G. AVACHAT, J.]


KBP

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