Dattatray Ramchandra Bhakade v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11943 OF 2017 Dattatray Ramchandra Bhakade ..Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri V. S. Panpatte, Advocate for the Petitioner. Shri V. S. Badakh, A.G.P. for respondent Nos. 1 to 3.

Shri Irfan D. Maniyar, Advocate for Respondent Nos. 4 and 5.

CORAM:

S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATE:

7 th August, 2018 PER COURT :

1.

It is submitted that the petitioner was appointed as a 'Helper' on 1st July, 2013. The approval was also granted to the appointment of the petitioner by the Deputy Regional Commissioner, Social Welfare Department, Latur on permanent basis. The learned counsel submits that the Assistant Commissioner of Social Welfare had recommended the proposal of the petitioner. In the proposal it was specifically stated that there are no surplus Madatnis and thereafter the order of approval was granted. There was no illegality committed, still, the salary of the petitioner is not being released.

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Mr. Badakh, the learned A.G.P. submits that the Assistant Commissioner has filed the affidavit stating that there are some irregularities in the appointment, so also, surplus candidates.

3.

The letter of the Assistant Commissioner recommending the proposal of the petitioner clearly states that there are no surplus Madatnis and in fact he had recommended grant of approval. The Regional Deputy Commissioner, Social Welfare, Latur under order dated 30th April, 2014, granted approval to the appointment of the petitioner on probation. Thereafter, under order dated 13.06.2015 granted permanent approval to the petitioner. The higher authority had granted the approval.

4.

Considering the approval is granted to the petitioner, the respondents shall accept the salary bills of the petitioner from respondent no. 4 from December - 2016 onwards and shall release the salary accordingly.

5.

Writ Petition accordingly allowed. No costs. [SUNIL K. KOTWAL, J.] [S. V. GANGAPURWALA, J.] marathe