Writ Petition No. 7680 of 2014. Case: Meena Vs The State of Maharashtra and Ors.. High Court of Bombay (India)

Case NumberWrit Petition No. 7680 of 2014
CounselFor Appellant: R.D. Biradar, Advocate and For Respondents: S.D. Kaldate, APP
JudgesS. S. Shinde and P. R. Bora, JJ.
IssueService Law
Judgement DateMarch 04, 2016
CourtHigh Court of Bombay (India)


  1. Rule. Rule made returnable forthwith and heard finally, by the consent of the learned counsel appearing for the parties.

  2. This Petition is filed with the following prayers:-

    b) Respondent No. 4 be directed to include the petitioner in surplus list of teachers dated 26.6.2014 (annexed at Exhibit-A) and kindly be directed to release the salary of petitioner.

    (bb) To quash and set aside order dtd. 31/12/2005 passed by the Respondent No. 2 i.e. Director of Education, Research and Training Center, Pune, Dist. Pune by which postal D.Ed. of petitioner is cancelled and the Respondent authority be directed to pay the arrears of petitioner from 26/6/1995 till today.

  3. The brief facts leading for filing this Writ Petition are that, the petitioner was appointed as untrained teacher on 26.6.1995, and her appointment has been continued by the management by issuing appointment orders from time to time, and she is in continuous service. The management prepared the surplus table in the year 2003-2004, and also prepared seniority list, and petitioner's name is shown at Sr.No.11 of the said list. On 6.9.2003 the Education Officer issued staff approval and the school also prepared the list of teachers class-wise for the year 2000-2001. The petitioner completed Postal D.Ed. Course on 6.6.2005.

  4. It is the case of the petitioner that, on 26.7.2005, a show cause notice was issued by the Deputy Director, Maharashtra State Education, Research and Training Center, Pune, to the petitioner, and others, suspecting the record of the Postal D.Ed. Course completed by them. Though petitioner submitted her explanation, it was not accepted and the authority cancelled the Postal D.Ed. Qualification of more than 300 teachers, including petitioner, on 31.12.2005. Aggrieved teachers preferred various Writ Petitions in the High Court, and order dated 31.12.2005 was stayed, and thereafter the High Court allowed some Writ Petitions. The petitioner did not challenge the order dated 31.12.2005 at the relevant time, but she is in continuous service. It is the case of the petitioner that, thereafter the school has prepared the seniority list for the year 2006-07, and the Education Officer has given staff approval on various dates and, as per the list for the year 2006-07, 2007-08, 2008-09, the petitioner's name is shown at Sr. No. 11. It is the case of the petitioner that, on 24.01.2012, 25.01.2012 and 08.02.2012, the Education Officer has written letters to the...

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