Rohit Suryakant Babar v. The State Of Maharashtra Through The Secretary, School Education Dept And ORS

Y.S.Patil 1-WP-1606-2021 (C) .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1606 OF 2021 Rohit Suryakant Babar

...Petitioner

Versus

The State Of Maharashtra and Ors

...Respondents

Mr. N.V. Bandiwadekar i/b Ms. Ashwini Bandiwadekar for the Petitioner.

Mr.S.B. Kalel AGP for the State- Respondent.

CORAM : S.V. GANGAPURWALA & R.N. LADDHA, J.J.

DATED : 12th OCTOBER, 2022 P.C. :- 1.

Learned Counsel for the Petitioner submits that the Petitioner was appointed as a Jr. Clerk in the year 2014. However, proposal is rejected on the basis of the Government Resolution dated 12/02/2015.

2.

We have heard Mr. S.B. Kalel, learned AGP for the State. 3.

The proposal seeking approval to the appointment has to be considered on the basis of the Policy and Rules existing as on the date the Petitioner was appointed. The proposal seeking approval to the appointment of the Petitioner cannot be rejected on the basis of subsequent Government Resolution. 4.

In light of that, the impugned order is set aside. The Education Officer shall reconsider the proposal seeking approval to the appointment of the Petitioner afresh on the

Y.S.Patil 1-WP-1606-2021 (C) .doc basis of the policy as is existing on the date Petitioner was appointed. The same shall be decided expeditiously, preferably within 4 months from today.

YUGANDHARA SHARAD PATIL 5.

The Writ Petition is disposed of. No costs.

by YUGANDHARA SHARAD PATIL Date: 2022.10.14 10:47:12 +0530 (R.N.LADDHA, J.) (S.V. GANGAPURWALA, J.)