AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2425 OF 2009 Dilip Anandrao Pawar. ... Petitioner Vs. The President, Grievance Committee & Ors. ... Respondents ALONG WITH WRIT PETITION NO.2426 OF 2009 Prakash Dnyanu Patil. ... Petitioner Vs. The President, Grievance Committee & Ors. ... Respondents ALONG WITH WRIT PETITION NO.2427 OF 2009 Sudhir Sidraya Sonar. ... Petitioner Vs. The President, Grievance Committee & Ors. ... Respondents Mr. Vishal Kanade i/b Ajit A. Salvi for the petitioners. Mr. Harish P. Jain for respondent 2. AJN 2 Mr. Umesh Mankapure for respondents 3 and 4. Ms. S.S. Bhende, A.G.P. for respondents 5 and 6. CORAM : SMT. RANJANA DESAI & J.P. DEVADHAR, JJ. DATED : 24TH MARCH, 2009. P.C.:- 1. The petitioners claim to have been duly appointed as Shikshan Sevaks in respondent 3-school. The case of the petitioners is that respondent 3 stopped the petitioners' salary and orally terminated their services in April, 2006. Aggrieved by the action of the respondents i.e. stopping of the salary of the petitioners, the petitioners have filed appeals before the Grievance Committee, Bombay in March, 2006. After their oral termination on 12/6/2006, the petitioners have amended the appeals inserting the necessary challenge to the oral termination. We are informed that the Grievance Committee has not passed any order on the petitioners' appeals till date. 2. By judgment and order dated 19/12/2008 delivered in AJN 3 Principal – Our Lady of Salvation High School vs. Ms. Rashmi Upadhyay & Ors. in Writ Petition No.8313 of 2008, learned Single Judge of this court held that after the enactment of Maharashtra Employees of Private Schools (Conditions of Service) Regulation (Amendment) Act, 2007, the Grievance Committee would have no jurisdiction to entertain any grievance of a Shikshan Sevak. A Shikshan Sevak can prefer an appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 in the School Tribunal for redressal of his grievance. 3. It is distressing to note that though the appeals are pending for such a long time, the Grievance Committee has not passed any order on them. We are informed that on 17/4/2009, the appeals are to appear before the Grievance Committee. We direct the Grievance Committee to hear the petitioners and all concerned and pass appropriate orders in accordance with law. We make it clear that we have not expressed any opinion on the merits of the case and the Grievance Committee shall pass such orders as it deems AJN 4 fit in accordance with law. Needless to say that the petitioners can request the Grievance Committee to give them interim protection in case the order passed by the Grievance Committee is adverse to them. That request may also be considered independently and in accordance with law. The petitions are disposed of in the aforestated terms. [SMT. RANJANA DESAI, J.] [J.P. DEVADHAR, J.]