Joel John Lopes And ANR v. The State Of Maharashtra Through The Secretary, School Edu. Dept. And ANR

20-2p-3465-2022.doc shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3465 OF 2022 Joel John Lopes and another ] Petitioners Vs.

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

] Respondents .....

Mr. N.V. Bandiwadekar a/w Mr. Ajit Navale, for Petitioner i/b Ms. A.N. Bandiwadekar, for Petitioner.

Ms. P.N. Diwan, A.G.P, for Respondents - State. .....

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

DATE : 1ST APRIL, 2022.

P.C.

1.

Heard.

2.

Rule. Rule is made returnable forthwith. Heard finally by consent of learned Counsel for the parties.

3.

Appointment of the petitioner to the post of "Laboratory Assistant" has been made in the year 2019 when there was no Covid-19 Pandemic. At that time the post of Laboratory Assistant SHAILAJA SHRIKANT HALKUDE SHRIKANT HALKUDE Date: 2022.04.05 11:02:18 +0530

20-2p-3465-2022.doc was permissible, although, it was not allotted to School of petitioner No.2 and the post was allotted vide communication dated 10th May, 2021. Upon receipt of allocation of the post, the proposal seeking approval to the appointment of the petitioner was resubmitted by petitioner No.2 to respondent No.2, but, giving the reason of prevalence of Covid-19 pandemic, respondent No.2 returned the proposal without processing it, in any manner. We do not find that appointment of the petitioner is hit by any prohibitions imposed on account of Covid-19 pandemic. We are of the opinion that case of the petitioner is not covered by these restrictions. Such being the case of the petitioner, respondent No.2 would be required to process the proposal and decide it, in accordance with law.

4.

The petition is, therefore, allowed. Respondent No.2 is directed to process the proposals dated 25th November, 2019 and 25th October, 2021 and decide them, in accordance with law, as early as possible, preferably within eight weeks from the date of receipt of the order.

5.

In case the proposal is accepted and approval is granted, salary with permissible arrears be released to the petitioner by allotting him Shalarth I.D and taking necessary steps for the same within six weeks from the date of approval.

6.

Rule is made absolute in the above terms.

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