401_WP_12089_2022.DOC Prasad IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12089 OF 2022 Vinod Suresh Mahamuni & Anr. ...Petitioners Versus The State of Maha. through Sec. School Education Dept. & Ors. ...Respondents _______ Mr Narendra V. Bandiwadekar, Senior Advocate a/w Vinayak R. Kumbhar, Rajendra B. Khaire i/by Ashwini N. Bandiwadekar, for Petitioners. Ms Devyani S. Deshmukh, AGP for Respondent - State. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 28th SEPTEMBER 2026 P.C. 1. By this petition, the Petitioners seek a direction to Respondent No. 2 – Education Officer (Secondary), Zilla Parishad, Thane, to issue a revised order approving the appointment of Petitioner No. 1 as a Peon on a fully aided basis, with effect from 1st June 2011, in place of the approval granted on an unaided basis by the order dated 12th September 2011, and to release grant-in-aid towards his salary, including arrears. A consequential direction is sought against Respondent No. 3 – Deputy Director of Education, Mumbai Region, to enter the name of Petitioner No. 1 in the Shalarth system and allot him a Shalarth ID. Page 1 of 3 401_WP_12089_2022.DOC 2. Petitioner No. 2 – Swami Vivekanand Education Society operates the Swami Vivekanand High School at Ulhasnagar, District Thane, a recognised and fully aided secondary school governed by the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the Rules framed thereunder. By the staff sanction (Sanch Manyata) order dated 13th August 2010, Respondent No. 2 sanctioned two Peon posts for the School on an aided basis. No teaching or non-teaching posts were sanctioned on an unaided or partially aided basis. By an order dated 2nd November 2010, the two Peons, then in service, including one, Smt. Varsha Sonar, were approved on a 100% aided basis. Smt. Sonar resigned with effect from 31st May 2011. To fill the vacancy, the Management advertised the post in the ‘Daily Mumbai Mirror’ and, after interviewing the candidates, selected Petitioner No. 1, who joined as a Peon on 1st June 2011. On the School’s proposal dated 5th September 2011, Respondent No. 2, by an order dated 12th September 2011, approved the appointment of Petitioner No. 1 with effect from 1st June 2011, on probation, but on an unaided basis. 3. The staff sanction orders dated 18th August 2011, 29th August 2012 and 10th October 2014, covering the academic years 2010-11 to 2013-14, continued to sanction both posts of Peon on a fully aided basis and no non-teaching post on an unaided basis. The Management and the Headmistress requested Respondent No. 2 to correct the order of approval, recently, by letters dated 5th August 2022 and 24th August 2022. According to the Petitioners, Respondent No. 2 orally informed them that her predecessor had issued the order in 2011 and that it could not now be revised. Page 2 of 3 401_WP_12089_2022.DOC 4. We have heard learned Counsel for the parties. Considering the averments in the petition, the Petitioner is permitted to make a representation to Respondent No. 2 regarding approval of his appointment as a Peon, within a period of two weeks from today. If such representation is made, Respondent No. 2 shall decide the same within a period of four weeks thereafter. 5. All contentions of all the parties are left open. 6. The Writ Petition is accordingly disposed of. No costs. (DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.09.30 19:03:38 +0530