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Bombay High Court

STEPHENA FERNANDOversusTHE STATE OF MAHARASHTRA

Decided
Disposal
DISPOSED OFF

Holding

The Court directed the Education Officer, as the competent authority under the MEPS Act, to decide the pending promotion proposal and to grant the petitioner the benefits of grant‑in‑aid within four weeks.

Summary

The petitioner, Stephena Fernando, was appointed as a 'Shikshan Sevak' in 2014 and after three years of satisfactory service, a proposal was submitted in March 2017 for her promotion to 'Assistant Teacher'. She cleared the C‑TET exam in 2021 but the promotion and associated grant‑in‑aid benefits were not granted. She filed a writ petition seeking a direction to the State of Maharashtra to approve her promotion retroactively from February 2017 and to provide the grant‑in‑aid benefits. The Court examined the petitioner's service record, the pending proposal dated 16 March 2017, and the authority of the Education Officer under the MEPS Act to approve such appointments. The Court directed the Education Officer to consider and decide the pending proposal and to issue the grant‑in‑aid benefits within four weeks, while keeping the parties' contentions open. The petition was disposed of without costs.

Issues considered

  • What is the appropriate authority and procedure for approving the petitioner's promotion to Assistant Teacher and granting associated benefits under the MEPS Act?

Legislation cited

  • MEPS Act

Subjects

  • appointment
  • Shikshan Sevak
  • Assistant Teacher
  • grant-in-aid
  • writ petition
  • education law
  • Maharashtra

Judgment

                                                                           402- WP-736-2026.DOC



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                         WRIT PETITION NO.736 OF 2026

Stephena Fernando                                          ...Petitioner
      Versus
The State of Maharashtra                                         ...Respondent
                                         _______

Mr Vedant Babar, h/for Rahul Shivaji Kadam, for Petitioner.
Ms Varsha Sawant, AGP for Respondent-State.
                                         _______

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

                               DATE:         10th SEPTEMBER 2026

P.C.

    1. Heard Mr S. Kadam, learned counsel appearing for the Petitioner and the

          learned AGP appearing for Respondent Nos. 1 to 7 - State.

    2. The Petitioner by an order dated 14 th February 2014 was appointed as

          'Shikshan Sevak' by Respondent No.9-SIES Primary School, Matunga,

          being conducted by Respondent No.8-Educational Institution. Her

          appointment as 'Shikshan Sevak' came to be approved by the Respondent

          Nos. 5, 6 & 7 authorities by order dated 22 nd April 2015. Having completed

          three years of satisfactory service as 'Shikshan Sevak' on 13 th February 2017,

          a proposal for approval of the Petitioner’s appointment as 'Assistant Teacher'

          was forwarded by Respondent Nos. 8 and 9 on 1 st March 2017, along with

          the requisite documents, was filed with Respondent No.7 on 16th March 2017.

          The Petitioner thereafter cleared the C-TET examination on 26 th February


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                                                                       402- WP-736-2026.DOC



           2021.

     3. By this Writ Petition, the Petitioner seeks a direction to the Respondents to

           decide her proposal dated 16th March 2017 for approval of her appointment

           as 'Assistant Teacher', and consequential reliefs including approval of her

           services with effect from 14th February 2017, along with attendant benefits

           of grant-in-aid.

     4. Considering the averments made in the Petition and the reliefs sought, the

           Respondent No. 6 - Education Officer, who is the competent authority

           under the MEPS Act, is directed to consider and decide the Petitioner's

           proposal for approval as 'Assistant Teacher' dated 16th March 2017

           (documents filed on 16th March 2017) with further directions that all other

           benefits of grant-in-aid which she is entitled to be given to her by issuing

           ‘Shalarath-ID’, by a reasoned order, within a period of four weeks from the

           date on which an authenticated copy of this order is communicated.

     5. Keeping all the contentions of the parties open in that regard, the Writ

           Petition stands disposed of. No costs.




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


          Digitally
          signed by
          SHAMBHAVI
SHAMBHAVI NILESH
NILESH    SHIVGAN
SHIVGAN   Date:
          2026.09.16
          12:15:58
          +0530




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