Disposed

Vidhya Vinayakrao Sarnayak and Others v. the State of Maharashtra through Principal Secretary School Education Dept and Others

Bombay HC4 Jan 2021WP/6940/2020

Case brief

AI extract

What is this about?

This single-paragraph disposal addressed a preliminary objection regarding a promotion dispute. The court observed that the appropriate remedy lay under Section 9 of the Maharashtra Employees of Private Schools Act and invited the petitioners to file an appeal within one month to avoid limitation issues, disposing of the writ petition without costs.

What did the court decide?

Writ petition disposed without costs; petitioners kept open restriction to file appeal within one month.

Vidhya Vinayakrao Sarnayak and Others Vs the… — Pension and Retirement Benefits | Bombay HC (2021)

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1 72-wp 6940-2020.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 6940 OF 2020

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Vidhya Vinayakrao Sarnayak and another

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.. Petitioners

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Versus

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The State of Maharashtra and others

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.. Respondents

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Mr. B. B. Shinde, Advocate for the Petitioners.
Mr. P. S. Patil, Addl. G. P. for Respondent Nos. 1 to 3.
Mr. A. V. Patil (Indrale), Advocate for Respondent Nos. 4 to 6.

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CORAM : S. V. GANGAPURWALA &

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SHRIKANT D. KULKARNI, JJ.

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 DATED : 04th JANUARY, 2021.

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PER COURT:-

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. We have heard the learned counsel for the petitioners.

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2. The learned counsel for respondent No. 6 raises a preliminary

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objection that the petitioners are challenging the promotion of
respondent No. 6. According to the respondents, the same is
supersession.

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3.In the light of that, the petitioners would have remedy under
Section 9 of the Maharashtra Employees of Private Schools (Conditions
of Service) Regulation Act. In the appeal filed by the petitioners, it
would be open for the petitioners also to assail the approval granted to

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2 72-wp 6940-2020.odt

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respondent No. 6 as the same would be collateral relief.

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4. In case, the petitioners file appeal within a period of one month from today, then the issue of limitation would not be raised by the respondent Nos. 4 to 6 and the School Tribunal.

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5. All contentions of the respective parties are kept open.

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6. Writ petition is disposed of. No costs.

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( SHRIKANT D. KULKARNI )
 JUDGE

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( S. V. GANGAPURWALA )
 JUDGE

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P.S.B.

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Vidhya Vinayakrao Sarnayak and Others v. the State of Maharashtra through Principal Secretary School Education Dept and Others

Case brief

What is this about?

What did the court decide?

Vidhya Vinayakrao Sarnayak and Others v. the State of Maharashtra through Principal Secretary School Education Dept and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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