Baburao Ananda Rahate v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:16848-DB 909-WP-7238-2024.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7238 OF 2024 BABURAO ANANDA RAHATE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr. S. R. Kedar, Advocate for the Petitioner Ms Neha Kamble, AGP for Respondent Nos. 1 and 2 Mr. V. C. Patil, Advocate h/f Mr. U. B. Bondar, Advocate for Respondent No.3 ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 02.08.2024 PER COURT :- 1.

In our order dated 16.07.2024, we had observed in paragraph No.2, as under:- "2.

The Education Officer forgot to write the Pay-Scale in the approval order of the Petitioner. As such, until the hearing in this matter, we grant liberty to the Education Officer to follow the due course and mention the Pay-scale of the Petitioner, if a revised order is to be issued." 2.

We do not accept the submission of the learned Advocate for the Education Officer (Primary), that it is the

(( 2 )) 909-WP-7238-2024 Divisional Deputy Director of Education, who can deal with the approval order passed by the Education Officer, in the peculiar facts and circumstances of this case. The Education Officer has forgotten to write the pay scale of the Petitioner in the order of approval, dated 18.07.2019.

3.

In view of the above, we direct the Education Officer (Primary), to correct his order of approval, by mentioning the pay scale as is admissible under the Rules, that can be granted to the Petitioner and issue a corrigendum order, within 15 days from today. 4.

With the above directions, this Writ Petition is disposed off.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS