Rahul Kailash Shinde v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3036 OF 2019 Rahul s/o Kailash Shinde, Age: 28 years, Occ: Service, R/o. C/o. Kamlabai Girls School & Junior College, Station Road, Raver, Tq. Raver, Dist. Jalgaon.

..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya, Mumbai-32 2.

The Director of Education, (Secondary & Higher Secondary) Maharashtra State, Pune-1 3.

The Deputy Director of Education, Nashik Division, Nashik 4.

The Education Officer (Secondary) Zilla Parishad, Jalgaon 5.

Raver Shikshan Samvardhak Sangh Raver, Tq. Raver, Dist. Jalgaon Through its Chairman 6.

Sardar G.G. High School & Jr.

College, Station Road, Raver, Tq. Raver, Dist. Jalgaon through its Head Master ..RESPONDENTS Mr Atmaram J. Patil, Advocate for petitioner; Ms R.P. Gour, A.G.P. for respondents/State

(2) CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 1st MARCH, 2019 ORAL ORDER :

Heard learned Counsel appearing on behalf of the petitioner.

2.

As the limited grievance is raised about non decision on the proposal dated 6th September, 2018 submitted by respondent No.5 and 6 to grant approval to the appointment of the petitioner, pending with respondent No.4 - Education Officer (Secondary), Zilla Parishad, Jalgaon, the petition is taken up for final disposal at admission stage. 3.

As per documents placed on record, the petitioner was appointed on 18th June, 2018 in respondent No.6 - school run by respondent No. 5 - institute. It is stated in the appointment order that the petitioner is appointed as Shikshan Sevak for the period from 18th June, 2018 to 17th June, 2021. Perusal of the appointment order shows that

(3) the appointment order carries note and note reads that the petitioner's services be treated from 2017 as a service on a basic post and then the petitioner be treated as an employee appointed from 18th June, 2018 on a vacancy for falling due to retirement of another employee. A proposal is submitted to the Education Officer on 6th September, 2018 seeking approval to the appointment of the petitioner and proposal is pending till date for decision is the grievance.

4.

On a specific query made to learned Counsel for the petitioner, he submitted before us that the petitioner will not claim any salary prior to his appointment order dated 18th June, 2018. This statement is accepted as an undertaking to this Court.

5.

The petition is, thus, disposed of with direction to respondent No. 4 - Education Officer to decide the proposal dated 6th September, 2018 submitted to him for grant of approval as early as

(4) possible and not later than twelve (12) weeks from the date of this order.

6.

With these directions, the petition is disposed of.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe