Pradeep Pandurang Patil v. The State Of Maharashtra Thout The Secretary

21 WP12086-22.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2022.10.12 11:12:11 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE WRIT PETITION NO. 12086 OF 2022 Pradeep Pandurang Patil ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Prashant Bhavake for the Petitioner Ms.S.S.Bhende, A.G.P. for the State

CORAM:

S.V.GANGAPURWALA & R.N. LADDHA, JJ.

DATED :

OCTOBER 11, 2022 P.C.

The proposal seeking approval to the appointment of the Petitioner as a Peon is rejected. It is submitted that Petitioner was appointed in the year 2011. The proposal is rejected on the basis of G.R.s dated 06.02.2012 and 23.06.2017.

We have also heard learned A.G.P.

Deputy Director of Education in the impugned order observes that the Petitioner is appointed in the year 2011 but has rejected on the basis of the G.R. dated 06.02.2012 and also that the appointment is not through Pavitra Portal as per G.R. dated Mohite 1/2

21 WP12086-22.docx 23.06.2017. Pavitra Portal has become operative even as per that, G.R. from 2017. Same could not have been applied to the appointment made in the year 2011.

G.R. dated 06.02.2012 also shall not retrospectively apply to the appointment made in the year 2011. Policy and the law existing as on the date Petitioner was appointed will have to be taken into consideration.

In light of that, impugned order is quashed and set aside. Deputy Director of Education shall reconsider the proposal seeking approval to the appointment of the Petitioner afresh on its own merits and shall not reject it on the basis on which the impugned order is passed. The said proposal shall be decided expeditiously preferably within four months.

Writ Petition is disposed of. No costs.

(R.N. LADDHA,J.) (S.V. GANGAPURWALA, J.) Mohite 2/2