Disposed

Prashant Harishchandra Waghmode and Ors. v. the State of Maharashtra through the Secretary, Dept. of Education and Sports and Ors.

Bombay HC4 Nov 2023WP/2577/2023

Case brief

AI extract

What is this about?

This writ petition sought a writ of mandamus directing the State to downgrade petitioners from Graduate Teachers to Assistant Teachers. The court directed the petitioners to file an extensive representation to the Chief Executive Officer and ordered the CEO to decide the matter within four weeks, keeping other pending proceedings independent.

What did the court decide?

Direct respondents to decide the petitioners' extensive representation regarding their demotion within 4 weeks of receipt by the CEO.

Prashant Harishchandra Waghmode and Ors. Vs the State… — Service and Employment | Bombay HC (2023)

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Tauseef

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925-WP.2577.2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.2577 OF 2023

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Prashant Harishchandra Waghmode & Ors....Petitioners

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Versus

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The State of Maharashtra,
through the Secretary, Dept. of Education
& Sports & Ors....Respondents

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********

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Mr. Nilesh Desai a/w. Mr. Saurabh Pakale i/by Ms. Padmaja Malgaonkar
for the Petitioners.

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Mr. Pramod G. Kathane for Respondent Nos.2 to 6.

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Ms. S. D. Vyas, AGP a/w. Ms. P. J. Gavhane, AGP for the Respondent
(State).

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********

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CORAM : G. S. KULKARNI, JITENDRA JAIN, J.J.

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DATE : 4th NOVEMBER, 2023.

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P.C.

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.We have heard learned counsel for the Petitioners. This

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petition is filed praying for the following reliefs:-

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“(a) That this Hon’ble Court be pleased to exercise powers vested in it
under Article 226 of the Constitution of India and issue a writ of
Mandamus and/or Writ in the nature of Mandamus, order and direction
directing Respondent Nos.2 and 3 to revert/degrade them from the post
of Graduate Teacher to the post of Asst. Teacher and post them in the
Zilla Parishad Primary School in their respective Talukas;

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(b)That pending the hearing and final disposal of this Petition, this
Hon’ble Court be pleased to direct Respondent Nos.2 and 3 to
revert/degrade them from the post of Graduate Teacher to the post of
Asst. Teacher and post them in the Zilla Parishad Primary School in their
respective Talukas;

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(c) Ad-interim or interim relief in terms of the prayer clauses (b)
above;

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1 of 3

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Tauseef

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925-WP.2577.2023.doc

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(d)Costs of the petition may be provided for the Petitioners.”

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2.Learned counsel for the Petitioners submits that the
Petitioners have already made a representation to the Education Officer.
Our attention in that regard is drawn to page Nos.70 and 71 of the
petition. He fairly submits that the interest of justice would be served,
if at this stage of the proceedings, the Education Officer/Chief Executive
Officer is directed to decide the Petitioners’ representation in regard to
the Petitioners’ grievance on his demotion from the post of Graduate
Teacher to an Assistant Teacher. We find that the Petitioners also need
to make an appropriate extensive representation to the Chief Executive
Officer (CEO). Thus, in addition to the earlier representation as made
by the Petitioners to the CEO, if the representations are so made, the
CEO shall take into consideration the extensive representations and
after hearing the Petitioners, pass an appropriate order in accordance
with law.

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3.Let such decision on the Petitioners’ representation be taken
within a period of 4 weeks of the representation being received by the
CEO of the Zilla Parishad.

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4. All contentions of the parties are expressly kept open.

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2 of 3

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Tauseef 925-WP.2577.2023.doc

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5. The representation be decided independently and without any

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bearing as to any pending proceedings and more particularly proceedings of Writ Petition No.6908 of 2014.

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6. Disposed of in the above terms. No costs.

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[JITENDRA JAIN, J.] [G. S. KULKARNI, J.]

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Prashant Harishchandra Waghmode and Ors. v. the State of Maharashtra through the Secretary, Dept. of Education and Sports and Ors.

Case brief

What is this about?

What did the court decide?

Prashant Harishchandra Waghmode and Ors. v. the State of Maharashtra through the Secretary, Dept. of Education and Sports and Ors.

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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