Vijay Ananda Bagul v. The State Of Maharashtra Through Its Secretary And Others

( 1 ) 39 wp 1611.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 WRIT PETITION NO.1611 OF 2023 VIJAY ANANDA BAGUL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Dhakne Vijay A. AGP for Respondents/State : Mr. S.G. Karlekar ...

CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE : 13th February, 2023 P.C. :- 1.

The petitioner submits that the proposal dated 16.04.2019 forwarded by the Headmaster of the School for granting approval to the appointment of the petitioner as Hostel Superintendent, is pending. Prayer clause-B reads as under:

"B) To direct the respondent no.3 to consider the proposal dated 16.04.2019 forwarded by the Head Master of school for granting approval to the petitioner as Hostel Superintendent since initial appointment in the light of the relevant Government Resolutions and the provisions of Section 5 (2) & (2A) of the M.E.P.S. (Conditions of Service) Regulation Act, 1977 and the provisions of the Tribal Ashram School Code, pending hearing and final disposal of this petition."

( 2 ) 39 wp 1611.23 2.

It is the specific contention of the petitioner that as the post of Hostel Superintendent is a non teaching post, the Shikshan Sevak scheme will not be applicable. The learned AGP submits that a reasonable time of three months may be granted to take a decision on the proposal dated 16.04.2019. 3.

In view of the above, this petition is disposed off. We expect respondent no.3 to deal with the said proposal dated 16.04.2019 on its own merits and in the light of the GR / policies as are applicable, on or before 15.04.2023.

[SANJAY A. DESHMUKH, J.] [RAVINDRA V. GHUGE, J.] mub