Atul Kisan Machale And ORS v. The State Of Maharashtra (Through The Secretary, School Edu. Dept. ) And ORS
59.WPNo.21572022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2157 OF 2022 Atul Kisan Machale & Ors.
...
Petitioners
Versus
The State of Maharashtra & Ors.
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Respondents WITH WRIT PETITION NO. 1793 OF 2022 Vaibhav Bajirao Bhoirkar & Ors. ...
Petitioners
Versus
The State of Maharashtra & Ors.
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Respondents Mr. Laxman S. Deshmukh, Advocate for the Petitioners. Mr. V. M. Mali, AGP for the Respondents/State.
CORAM:
S.V. GANGAPURWALA & S. M. MODAK, JJ.
DATED :
JUNE 20, 2022 P.C.
1.
The proposals seeking approval to the appointment of the petitioners as junior clerk and laboratory assistant are rejected.
2.
The petitioners claim to have been appointed on 30th May 2019. It is submitted that the Management on 22nd April 2019 sought permission to advertise the post of Junior Clerk and Laboratory Assistant. No response was received and thereafter in the month of May 2019 the advertisement was issued and the petitioners are appointed. 3.
The affdavit is fled by the Education Offcer. The Gaikwad RD 1/2
59.WPNo.21572022.doc Education Offcer does not dispute the communication dated 22nd April 2019 from the Management seeking permission to publish advertisement to fll in one post of Junior Clerk and Laboratory Assistant each. It is also not in dispute that the Education offcer did not send surplus Junior Clerk or Laboratory Assistant for absorption in the respondent institution.
4.
The Government Resolution is already issued on 28th January 2019 sanctioning the staffng pattern of Class III posts.
5.
In light of above, the impugned orders are quashed and set aside.
6.
The Education Offcer shall reconsider the proposals for approval to the appointment of the petitioners as Junior Clerk and Laboratory Assistant. It shall not be rejected on the ground that the Management has not sought permission to fll in the posts and shall consider whether the post was available as per the Government Resolution dated 28th January 2019 and sanctioned. The decision shall be taken preferably within four months.
7.
Writ petitions are disposed of. No costs.
(S. M. MODAK, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:
2022.06.23 16:13:13 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2