Nitin Ashok Jadhav v. State Of Maharashtra Thr The Honorable Secretary School And Education Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3896 OF 2022 Mr. Nitin Ashok Jadhav ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents Mr. Nikhil D. Waje, for the Petitioner.

Mr. N. C. Walimbe, AGP for the State-Respondent Nos. 1, 2 and 4.

CORAM : SUNIL B. SHUKRE AND G.A. SANAP, JJ.

DATE : 5th APRIL, 2022.

P.C. :

Heard learned Counsel for the Petitioner and learned AGP, who appears by waiving notice for Respondent Nos. 1, 2 and 4. There is no need to issue any notice to Respondent Nos. 3 and 5 as no relief is claimed by them. Rule. Rule made returnable forthwith. Heard finally by consent.

The grievance of the Petitioner is that even though his REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2022.04.08 16:28:05 +0530

appointment as Junior Clerk received approval from Education OfÏcer and that he is entitled to be paid salary by allotting Shalath ID by Respondent No.4, the Respondent No.4 is trying to postpone the decision.

We find that Respondent No. 2 has already sent a proposal regarding allotment of Shalarth ID of the Petitioner on 2nd September, 2020 and this proposal is still pending for decision of Respondent No.4.

In such a matter, Respondent No. 4 is required to take his decision by keeping in view the various judgments rendered by this Court, which Respondent No.4 has not done so far.

Rule is made absolute in the above terms. No costs. We are of the view that Petition deserves to be partly allowed.

Respondent No. 4 is directed to take an appropriate decision on the proposal sent to him by Respondent No.2 regarding insertion of the name of the Petitioner in Shalarth

Pranali for the purpose of payment of salary together with arrears to him, keeping in view of the directions issued by this Court in Writ Petition No. 8966 of 2021 (Amol Baban Sangar Vs. The State of Maharashtra and Ors.,) decided on 21st February, 2022, at the earliest and in any case, within a period of two weeks from the date of receipt of the copy this Order.

In case Sharath ID is allotted to the Petitioner, salary and admissible arrears of salary be paid to the Petitioner by taking necessary steps within four weeks from the date of date of including the name of Petitioner in Shalarth system. Even though, all compliances have been made by Respondent No. 5.

[G.A. SANAP, J.] [SUNIL B. SHUKRE, J.]