Dr. Rajkumar Viranna Tanshette v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6498 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.Patil Indrale A.V. advocate for the petitioner. Mr.K.S.Patil, Asstt. Govt. Pleader for the State. Mr.Y.V.Kakade, advocate for Respondent No.3.

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 20.01.2015.

PER COURT :

1.

Heard.

2.

Mr.Patil, learned counsel submits that petitioner initially was appointed on non-grant-in aid post on 9.9.1996 to 27.3.2007 and thereafter is appointed on grant-in-aid post. His service from 1996 to 27.3.2007 while working on non-grant-in aid post is not being considered by the Respondents. The Respondents be directed to consider the said earlier services for the purpose of continuity, increments and other consequential benefits. According to the learned counsel, in the affidavit filed by the Respondent Nos.1 and 2, it is erroneously stated that the post on which the petitioner was working from 1996 was not a sanctioned post. The said post was

sanctioned post. The petitioner was selected through properly constituted Selection Committee. Even the entry is made in the service book and time to time approvals are granted by the University. The petitioner relies on Government Resolution dated 22.11.1993.

3.

It appears that the record which is produced by the petitioner in the present Writ Petition is not placed before the Respondent No.2. A proposal has been given by the College (Exh.J) seeking continuity of service since 9.9.1996 i.e. the date when the petitioner was appointed on non-grant-in aid post. The petitioner may place all such record i.e. the approvals granted from time to time by the University, copy of service book, the factum of he being appointed by duly constituted Committee. The Respondent No.2 shall take decision on the proposal (Exh.J.) expeditiously within four (4) months from today after considering all the documents filed by the petitioner. The Writ Petition is disposed of. No costs.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) Dt..20.01.2015.

asp/office/wp6498.14