Mahesh Nanasaheb Bhonde v. The State Of Maharashtra And Others

938-wp-6000-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6000 OF 2020 Mahesh S/o Nansaheb Bhonde ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. S.T.Shelke, Advocate for the Petitioner.

Mr. S.S. Dande, A.G.P. for Respondent Nos. 1 and 2. Mr. S.S. Wagh, Advocate for Respondent No.3.

....

CORAM : S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 15th SEPTEMBER, 2020 PER COURT:- .

The proposal seeking approval to the appointment of petitioner as a Junior Clerk is rejected.

2. As far as ground No.1 is concerned, the same would not subsist as the Government Resolution dated 28th January 2019 is issued fixing staffing pattern. As far as ground of Government Resolution dated 4th May 2020 is concerned, the same would not be relevant. The appointment of the petitioner is dated 01st July 2018, whereas

938-wp-6000-20 Government Resolution dated 4th May 2020 bars the further recruitments. The same is not given retrospective effect. The said ground cannot subsist.

3.

As far as the surplus Junior Clerks are concerned, there is nothing on record to conclude that Junior Clerks were referred to the institution, where the petitioner is working and it has not absorbed them. Be that as it may, we do not have that record before us. 4.

In light of that, the impugned order is quashed and set aside. The Education Officer is directed to decide proposal seeking approval to the appointment of the petitioner as a Junior Clerk afresh. The same be concluded in four months.

5. Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane