MANGESH RAMCHANDRA THOPATE AND ANRversusTHE STATE OF MAHARASHTRA THROU. THE SEC. DEPT OF SCHOL EDUCATION AND SPORTS AND ANR

                                                                        402 WP 8843-25.STM.DOC



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                        WRIT PETITION NO. 8843 OF 2025


Mangesh R. Thopate & Anr.                                            ...Petitioners
       Versus
State of Maharashtra & Anr.                                          ...Respondents
                                          _______
Mr. Sandeep Phatak for Petitioner.
Mr. P. P. Kakade, Addl.G.P. a/w P. B. Chavan, AGP for Respondent-State.
                                          _______

                                      CORAM:          G. S. KULKARNI &
                                                      AARTI SATHE, JJ.

                                      DATE:           27 JULY 2026

P.C.

1.           This petition under Article 226 of the Constitution of India is filed

praying for the following substantive reliefs:-


        “[A] That this Honourable Court be pleased to issue a writ mandamus
        or writ in the nature of mandamus or any other appropriate writ
        direction and order under Article 226 of the Constitution of India,
        1950, directing the Respondent No. 2 to grant approval to the
        appointment of the Petitioner No. 1 in the Petitioner No. 2 school on
        the post of Shikshan Sevak, by deciding the proposal dated 26.07.2022
        [Exh-E].

        [B] That this Honourable Court be pleased to issue a writ mandamus
        or writ in the nature of mandamus or any other appropriate writ,
        direction and order under Article 226 of the Constitution of India,
        1950, directing the Respondent Nos. 2 to include the 1st Petitioner's
        name in the 'Shalarth- ID' List and all other benefits, which he is
        entitled such as Salary benefit of grant in aid and the arrears of salary
        may be given to him forthwith.

        [C] That pending hearing and final disposal of this Writ Petition, as
        and by way of interim relief, this Honourable Court be pleased to pass
        an order of injunction, restraining the Respondents from
        appointing/absorbing/ filling in any surplus teacher on the post
        presently occupied by the Petitioner No. 1.


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        [D] That pending hearing and final disposal of this petition, as and by
        way of interim relief, this Hon'ble Court be pleased to direct the
        Respondent Nos. 2 and 3 to include the 1st Petitioner's name in the
        'Shalarth- ID' List and grant Salary benefit of grant in aid and the
        arrears of salary to him forthwith.”



2.           The only relief sought by the Petitioners in the present petition is a

direction to Respondent No. 2 to decide the proposal dated 26 July 2022 and

grant approval to the appointment of Petitioner No. 1 as a Shikshan Sevak in

Petitioner No. 2 School.


3.           The short facts giving rise to the present Petition are that Petitioner No.

2–School published an advertisement dated 10 June 2014 in the daily newspaper

Pudhari, Pune, inviting applications for the post of Shikshan Sevak. As Petitioner

No. 1 possessed the requisite qualifications and belonged to the Open Category, he

was selected for the said post on 11 June 2014. Pursuant thereto, the Management

passed a resolution approving the appointment of Petitioner No. 1 as a Shikshan

Sevak with effect from 16 June 2014, and an appointment order was issued to him

on the same date.


4.           It is the Petitioners’ contention that Petitioner No. 1 has been

continuously serving as an Assistant Teacher/Shikshan Sevak in Petitioner No. 2–

School since 16 June 2014 without any break in service. Thereafter, on 26 July

2022, Petitioner No. 2 forwarded a proposal to Respondent No. 2 seeking

approval to the appointment of Petitioner No. 1 to the said post.


5.           According to the Petitioners, despite several reminders, the said

proposal has remained pending and undecided before Respondent No. 2. It is their

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contention that the proposal dated 26 July 2022 ought to be considered and

decided expeditiously and taken to its logical conclusion in accordance with law.


6.             Though the Administrative Officer, Education Department (Primary),

Pune Municipal Corporation has been made a party Respondent to the present

Petition and considering the limited relief that the Petitioner seeks in the petition

and although there being no written opposition/reply of the respondents, we are of

the view that no prejudice would be caused to the respondents considering the

nature of the orders we propose to pass. The following order would serve the ends

of justice:-


                                           ORDER

i.      Respondent No.2 the Administrative Officer, Education Department

(Primary), Pune Municipal Corporation is directed to consider and decide the

pending application dated 26 July 2022 of the Petitioner, as per law and as

expeditiously as possible, preferably within a period of four weeks from the date

this order is made available to the said Respondent by the Petitioner.

ii.     Let all the parties be heard.

iii.    All rights and contentions of the parties are expressly kept open.

iv.     The Petition is disposed of accordingly. No costs.




        (AARTI SATHE, J.)                             (G. S. KULKARNI, J.)




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