(1) WP. 3431.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3431 OF 2010 Maidabee w/o Ismail Sayyed PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. A.R. Borulkar, Advocate for the Petitioner. Mr. N.B. Patil, A.G.P. for the Respondent-State. Mrs. R.P. Gour, Advocate h/f. Mr. E.S. Murge, Advocate for the respondent no.2 Mr. N.G. Kale, Advocate for the respondent no.3 ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 6TH JULY, 2011 ORAL ORDER:- 1. This Petition has been filed by a person who claims that she was employed as a cook by an order dated 17.4.1998 in the respondent no.2-School. According to the petitioner, this respondent no.2 is a Ashram School. She claims that she has not been paid her salary from May, 2004 to April, 2009. She has also sought a declaration that she is a permanent employee and that she should be appointed as a Cook with the respondent no.2-School. (2) WP. 3431.2010 2. The school is being run upto 10th standard. According to the learned Advocate for the petitioner, such Ashram Schools would be governed by the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977 (for short "the M.E.P.S. Act"). 3. In these circumstances, therefore, the Petition is not maintainable. The petitioner can always approach School Tribunal under section 9 of the M.E.P.S. Act for the redressal of her grievance regarding her appointment as a Cook. Furthermore, as regards the non-payment of salary, the petitioner has a remedy available to her under section 4(3) of the M.E.P.S. Act. 4. The respondents have pointed out that since it is an Ashram School, the school will be covered by the Ashram School Code. Under Rule 2.35 of the Code such an employee working in a Ashram School is at liberty to approach the Additional Commissioner, Tribal Development for redressal of her grievance with respect to her employment. (3) WP. 3431.2010 5. In these circumstances, we see no reason to entertain the Petition. The petitioner has adequate alternate and efficacious remedies, which she may avail of. Petition rejected. Sd/- Sd/- [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] arp