Shri. Pawan Mahadev Shingaye And ANR v. The State Of Maharashtra Thru The Secretary, School Edu. Dept. And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8710 OF 2022 1.

Shri. Pawan Mahadev Shingaye Aged 42 years, Occu. Service, R/o. Prabhanvalli, Taluka-Lanja, Dist. Ratnagiri.

2.

Bhambed Panchkroshi Shikshan Sanstha Through its Chairman/Secretary ... Petitioners

Versus

Digitally signed by ASHVINI BAPPASAHEB KAKDE Date:

2023.12.05 11:02:40 +0530 ASHVINI BAPPASAHEB KAKDE 1.

The State of Maharashtra Through the Secretary, School Education Department, Mantralaya, Mumbai-400 032.

2.

The Education Officer, (Secondary) Zilla Parishad, Ratnagiri.

...

Respondents ----- Mr. Vinayak Kumbhar a/w. Mr. Rajendra B. Khaire i/b. Mr. Sagar A. Mane for Petitioner.

Mr. S. L. Babar, AGP for Respondent-State.

----- CORAM :

A. S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ.

DATE :

1ST DECEMBER 2023 Oral Judgment (Per A. S. Chandurkar J.) .:- 1.

Rule. Rule made returnable forthwith and heard learned Counsel for the parties.

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The challenge raised in this Writ Petition is to the communication dated 29th April 2022 issued by the Education Officer (Secondary) rejecting the proposal dated 12.02.2022 by which approval was sought to the appointment of the 1st Petitioner on the post of Peon. 3.

Affidavit-in-reply filed on behalf of the Respondent No.1 and 2 is taken on record. In the said reply it has been stated that though the Petitioner was appointed on 16.06.2015 the proposal has been rejected by relying upon Government Resolution dated 7th March 2019. Since the rejection is on the basis of a Government Resolution issued after the Petitioner was appointed, it is submitted that the impugned order be permitted to be withdrawn so as to consider the Petitioner's proposal afresh. 4.

In view of the aforesaid the following order is passed:- a.

The Order dated 29th April 2022 passed by Education Officer (Secondary) is permitted to be withdrawn.

b.

Within a period of four weeks from today the Petitioner shall submit a fresh proposal seeking approval to the appointment of the Petitioner-2. Education Officer (Secondary) shall within a period of four weeks of receiving the said proposal decide the same in

3 8-wp-8710-2022.doc accordance with law and communicate its decision to the Petitioner. c.

In case the appointment of the Petitioner No.1 is approved all consequential benefits shall be made available in accordance with law.

5.

Rule is disposed of in above terms.

(FIRDOSH P. POONIWALLA, J.) (A. S. CHANDURKAR, J.)