Dnyanoba Sakharam Tope v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 18 WRIT PETITION NO. 5960 OF 2017 DNYANOBA SAKHARAM TOPE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. R D Khadap AGP for Respondents 1 to 4 : Mr. K.N.Lokhande ---- CORAM : S.V.GANGAPURWALA AND SUNIL K.KOTWAL, JJ.

DATE : JUNE 7, 2018 O R D E R :

The petitioner was appointed as a Peon on 13.8.1998 and since then he was continuously working with respondent no.5. The authorities de-recognized respondent no.5 School under order, dated 14.3.2013 on account of various deficiencies. The approval was also granted to the appointment of the petitioner on permanent basis.

2.

On perusal of the order of de-recognition of respondent no.5 School, it is manifest that the petitioner is not responsible for de-recognition, nor is in any way concerned with the deficiencies as

wp5960.17 referred to in the order of de-recognition. In the light of that, Rule 25-A of the M.E.P.S. Rules would be applicable and the petitioner would be entitled for absorption.

3.

In view of above, we direct respondent authorities to consider the petitioner for absorption and placing him in the list of candidates to be absorbed.

4.

Writ Petition is accordingly disposed of. No costs.

[SUNIL K.KOTWAL, J.] [S.V.GANGAPURWALA, J.] dbm