Charles Vijay Shrisunder v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5852 OF 2018 Charles Vijay Shrisunder .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri U. R. Awate, Advocate i/by Talekar and Associates, Advocate for the Petitioner.

Shri S. K. Tambe, A.G.P. for Respondent Nos. 1 to 4. Shri N. E. Deshmukh, Advocate for Respondent Nos. 5 and 6. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 22ND FEBRUARY, 2019.

FINAL ORDER :

.

The petitioner is appointed as a junior clerk in the respondent No. 6/institution. The appointment is approved by the Deputy Director of Education under his order dated 16th December, 2017. The grievance of the petitioner is that, salary is not paid to the petitioner, nor his name is included in online pay roll.

2.

The learned Assistant Government pleader for respondent Nos. 1 to 4 submits that, the appointment of the petitioner is during the ban period, so also there was no sanctioned staffing

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3.

These aspects were required to be considered by the Deputy Director of Education at the time of grant of approval. If according to respondents approval is incorrectly granted, it is for the higher authorities to take steps with regard to approval granted. The respondents shall pay the salary to the petitioner within a period of two (02) months from today. In case the respondents feel that approval is wrongly granted to the appointment of the petitioner, then the Director of Education may take further steps as permissible in law. The writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 19