Chhatrapati Shivaji Shikshan Mandal Through Its President 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.7332 OF 2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders Mr.P.G.Rodge, advocate for the Petitioner.
Mr.S.S.Tope, Addl. Govt. Pleader for the State. CORAM : S.V.GANGAPURWALA & V.K.JADHAV,JJ.
Date : 11.08.2015.
PER COURT :
1.
Heard.
2.
The dispute in this petition is with regard to the sanction of the post of Peon. According to the learned counsel for the petitioner, four posts of Peon are admissible but only two posts are being sanctioned. Learned counsel submits that sufficient strength is available for sanction of four posts of Peon. However, the same is not being considered in the proper perspective. In other schools for the same number of strength of students four posts are made admissible.
3.
The learned Addl.Govt Pleader submits that as per Government Resolution dated 25.11.2005, only two posts of Peons are sanctioned to the said school and the same is rightly considered.
4.
In Government Resolution of 2013, it is very clearly stated that the Government Resolution dated 25.11.2005 is not implemented so also in the Government Resolution of 2015, it is stated that the Government Resolution of 2013 is not being implemented. As such, it would not be appropriate to rely on the Government Resolution dated 25.11.2005 for considering staffing pattern and the sanctioned post of Peon.
5.
In light of the above, respondent shall reconsider the request of the petitioner for sanction of the post of Peon. Respondent will have to consider the relevant provisions of the Secondary School Code so also the prevailing Government Resolution made applicable to the staffing pattern. The same shall be considered and decided expeditiously, preferably within six months. 6.
The Writ Petition is disposed of. No costs.
(V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.) Dt.11.08.2015.
asp/office/wp7332.15