1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8221 OF 2006 Smt. Swati d/o. Shamrao Sathe .. petitioners Versus The State of Maharashtra and others .. Respondent. --- Mr. S.R. Barlinge, Advocate for petitioner. Mr. S.K. Kadam, AGP for respondent No.1 Mr. K.K. Kulkarni, Advocate for respondent No.4 Mrs. M.B. Gangwal, Advocate for respondent No.5 CORAM : A.P. DESHPANDE & N.D. DESHPANDE,JJ. DATE : 12TH JANUARY, 2010. ORAL ORDER :- 1] By this petition, the petitioner seeks a writ of Mandamus to command the respondent No.2 management to pay the salary of the petitioner, as an Assistant Teacher w.e.f 18/6/2002 till the date of filing of the petition. 2 2] The petitioner claims that she is a trained teacher and was very much eligible and qualified for being appointed as Assistant Teacher as she possessed the qualification of B.A. B.Ed. At the relevant time, the concerned School was not admitted to grants and hence, according to the learned counsel for the petitioner, the management did not release the salary. It is the case of the petitioner that she has worked in the school and to substantiate the same, the copies of Muster register are also placed on record. 3] The school management has opposed the petition by filing an affidavit in reply. It is the case of the respondent Nos. 4 and 5 that the petitioner was never appointed as an Assistant Teacher. No advertisement was issued inviting applications, the petitioner did not participated in the selection process which could be set in motion after receiving application pursuant to an advertisement issued. There is no approval to the alleged appointment of the petitioner. It is the case of the respondent Nos. 4 and 5, that the husband of the present petitioner, who was at the relevant point of time, working as Incharge Head Master, has fabricated the documents. The copies of the Muster Register 3 which are placed on record are said to be not genuine and are stated to be cooked up by the husband of the petitioner. 4] Fact remains that seriously disputed questions of fact emerge for adjudication. In the absence of an advertisement, appointment order or an order of approval it is difficult to accept the case of the petitioner that she was in fact appointed and has worked in the said school as an Assistant Teacher. It is a matter of record that in the year 2006, the school has been transferred to some other management. According to the learned counsel for the petitioner even after year 2006, the petitioner shall be deemed to be in continuous service in the absence of any termination order being issued. Be that as it may, we are of the clear view that we cannot entertain the present petition in view of the disputed questions of act emerging for adjudication, which adjudication is not possible, in a writ petition. Hence, the writ petition is summarily rejected. 5] The learned counsel for the petitioner has alternatively submitted that the Education Officer be directed to enquire into the correctness or otherwise of the assertions made by the petitioner 4 about she having been appointed in the year 2002 and worked as an Assistant Teacher till filing of the petition, in the light of the representation made by the petitioner to the Education Officer. Shri Kadam, learned AGP submits that in the absence of any particulars in regard to advertisement, process of selection, appointment order and approval order, it would be a futile exercise after a period of about 8 years to make an enquiry into the fact as to whether did the petitioner at all work as an Assistant Teacher from the year 2002 onwards consequent upon a valid appointment. 6] To us, it does appear that barring the version of the interested persons, viz. The husband of the petitioner, who was then working as In charge Head Master, there is hardly any material to support the claim for arrears of salary in the present petition. Hence, we are not inclined to accede to the request made by the learned counsel for the petitioner in that regard, as well. [N.D. DESHPANDE,J.] [A.P. DESHPANDE.J.] 5 Grt/-