Yogesh Arvind Zambre v. The Principal , Muljee Junior College Jalgoan And ORS

1 ra 172.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 172 OF 2012 IN WRIT PETITION NO. 440 OF 2012 Yogesh Arvind Zambre .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri S. R. Barlinge, Advocate for the Applicant. Shri P. S. Patil, Addl.G.P. for Respondents/State. CORAM : S. V. GANGAPURWALA AND T. V. NALAWADE, JJ.

DATE : 10TH FEBRUARY, 2017.

PER COURT :

.

The learned counsel for the petitioner states that, this Court while dismissing the writ petition filed by the petitioner did not consider the resolution passed by the management confirming the services of the petitioner. The said resolution was passed on 15.06.1991. According to the learned counsel non grant of approval does not entail the termination of the service of the petitioner. The procedure under Rule 33 to Rule 37 of the Maharashtra Employees of Private School (Condition of Service) Rules, 1981 is to be adhered. According to the learned counsel, there is an error apparent on the face of record.

2 ra 172.12 2.

We have also heard the learned Additional Government Pleader for respondents/State.

3.

The jurisdiction of review is in narrow compass. It cannot be considered as an appeal in disguise. This Court while passing the order was not oblivious of the resolution passed by the management. The same is referred to in the order. The Court has considered the appointment of the petitioner was temporary for a period of one year. It does not appear that, the appointment of the petitioner was on probation. It also does not appear that, management had at any time communicated to the petitioner that, services of the petitioner are confirmed. 4.

Considering the above, the review application being sans merit is rejected 5.

Our observations made in this order are limited to the present review application.

[ T. V. NALAWADE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Feb. 17