Vinayak Dhanaji Jadhav v. The State Of Maharashtra Thr. The Secretary, School Education Department And ORS

21.WPNo.106722022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10672 OF 2022 Vinayak Dhanaji Jadhav ...

Petitioner

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. N. V. Bandiwadekar i/b. Mrs. Ashwini N. Bandiwadekar, Advocate for the Petitioner.

Mrs. P. J. Gavhane, AGP for the Respondents/State.

CORAM:

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

DATED :

SEPTEMBER 13, 2022 P.C.

1.

The proposal seeking approval to the appointment of the petitioner as Junior Clerk is rejected. It is submitted that the petitioner is appointed as Junior Clerk in the year 2017. The impugned order is passed relying upon the Government Resolution dated 4th May 2020. The learned Counsel submits that the advertisement is issued prior to the flling in the post of the petitioner.

2.

We have heard learned AGP.

3.

The petitioner claims to be appointed as Junior Clerk in the year 2017. For the appointment made in the year 2017, the Government Resolution dated 4th May 2020 may not apply. The said Government Resolution may not be applied to the appointment made prior to the issuance of the same.

Gaikwad RD 1/2

21.WPNo.106722022.doc 4.

In light of that, the impugned order is quashed and set aside.

5.

The Education Offcer shall reconsider the proposal seeking approval to the appointment of the petitioner as Junior Clerk and decide the same on its own merit preferably within a period of six months from today. 6.

The writ petition is disposed of. No costs.

(R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.09.13 20:07:28 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2