Meena Kaur Gendasingh v. State Of Maharashtra And Others

922 WP 2100 OF 2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2100 OF 2021 Meena Kaur Gandasingh, Age 59 years, Occ. Retired Employee R/o. Baljit Singh Langri, Badpura Gate No. 3, Nanded, Dist. Nanded ...

Petitioner.

VERSUS

1) The State of Maharashtra, Through its Secretary, School Education & Sports Department, Mantralaya, Mumbai - 32.

and others ...

Respondents.

...

Advocate for Petitioner : Mr. Wakade Ramesh I. AGP for Respondent Nos. 1to 4 : Mrs. R. P. Gaur Advocate for Respondent Nos. 5 & 6 : Mr. Govind A. Kulkarni h/f Mr. D.R. Deshmukh.

CORAM

: MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

DATE : 26.07.2022.

ORAL ORDER : (PER : SANDEEP V. MARNE, J) Leave granted to add a prayer. Necessary amendment is allowed to be carried out forthwith.

We have heard both the sides.

3.

It is submitted that the proposal dated 01.01.2016 (page 57) for grant of approval for appointment of the petitioner as a full time librarian is pending with the Education Officer, Zilla Parishad Nanded. 4.

The petitioner is claiming the relief of payment of pension. However, in absence of decision on the proposal for grant of approval as a full time 1/2

922 WP 2100 OF 2021.odt librarian, the said relief of pension cannot be granted. Therefore, it would be appropriate to direct the respondent No. 4 to decide the pending proposal dated 01.01.2016 at the earliest. Accordingly, the respondent No. 4 is directed to decide the pending proposal dated 01.01.2016 within three months from today.

5.

It is further directed that in case, the said proposal is decided in favour of the petitioner, the order passed in Writ Petition No. 6337/2019 dated 04.07.2022 should be followed so that the petitioner is not required to approach this Court again.

6.

It is however clarified that in case, if the proposal is decided in favour of the petitioner, the petitioner would be entitled to counting of only 50% of his service as a part time librarian and that the petitioner would not claim any arrears in respect of his service as a part time librarian. 7.

The Writ Petition is disposed of.

(SANDEEP V. MARNE J.) (MANGESH S. PATIL, J.) mkd/- 2/2