Subhash Shivaji Kamble v. The State Of Maharashtra Thr. Secretary School Education And Sports Detp. And ORS

JOHNSON GONSALVES Date: 2022.02.25 11:28:49 +0530 SMITA JOHNSON GONSALVES sg

22. wp1840-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1840 OF 2022 Subhash Shivaji Kamble ..

Petitioner v/s.

The State of Maharashtra Through the Secretary, School Edu. And Sports Dept.

And Ors.

..

Respondents ....

Mr. S.A. Rajeshirke, a/w. Mr. Rahul B. Vijaymane, for the Petitioner. Mrs. P.N. Diwan, AGP, for State.

....

CORAM: SUNIL B. SHUKRE & AMIT BORKAR JJ.

DATE : 24 FEBRUARY 2022 P.C:- Heard.

2.

Although it is not in dispute that the appointment of the Petitioner as Junior Clerk has received a due approval of Respondent No.3, according to learned AGP, the dispute is about making of irregular appointment and irregular grant of approval of appointment by Respondent No.3. We have already taken a view that the issue of irregular grant of approval to the appointment of the school employees

sg

22. wp1840-22.doc cannot be raised while considering inclusion of the name of school employee in the Shalarth System and that these two issues are entirely different, the first requiring its consideration on the basis of the G.R. governing Shalarth System and the other requiring consideration of some other factors. Therefore, it would not be proper for Respondent No.2 to refuse to enter name of the Petitioner in the Shalarth System and allot him Shalarth ID.

3.

We direct Respondent No.2 to include name of the Petitioner in the Shalarth System and allot him Shalarth ID within a period of one week from the date of the receipt of the order. 4.

We further direct that salary, together with arrears, if any, be released to the Petitioner in accordance with law. 5.

Writ petition is disposed of in above terms.

(AMIT BORKAR J.) (SUNIL B. SHUKRE, J.)