Bapu Gorak Bansode and Ors. v. the State of Maharashtra Thr. the Secretary School Education Department and Ors.
Case brief
What is this about?
Shikshan Sevak; Assistant Teacher; approval; unaided post; non-grant post; part-time service; fully aided post; 100% grant-in-aid; transfer from unaided to aided post; regular pay scale; 3 years probation; seniority; pensionary benefits; opportunity of hearing; natural justice; show cause notice; Deputy Director of Education Kolhapur; Education Officer Zilla Parishad Sangli; Section 41 MEPS Act 1977; Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act; W.P. No. 9098 of 2021; W.P. No. 1493 of 2018; W.P. No. 815 of 2017; Circular 28-06-2016; Bombay High Court Kolhapur Bench; writ petition disposed with directions.
What did the court decide?
Writ Petition disposed of with directions: (i) Petitioners to lodge/re-submit with Respondent No.2, within four weeks, the proposal for grant of approval to Petitioner No.1's services and for regular pay scale, with liberty to attach supporting documents and judgments of this Court; (ii) impugned order dated 02-09-2024 treated as show cause notice; (iii) Respondent No.2 to give personal hearing, record categorical findings against each objection considering the Petitioners' explanation and cited judgments/orders; (iv) exercise to be completed within eight weeks of receipt of proposal; no opinion expressed on merits; all contentions kept open.