Sanjay S/O Shrirang Padghamol v. The State Of Maharashtra, Thr. Secretary, Secondary Education Ministry, Mumbai

2024:BHC-NAG:273-DB 31 WP-2380-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.

OF [Sanjay Shrirang Padghamol .Vs. The State of Maharashtra and Ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr I. G. Meshram, Advocate for Petitioner.

Ms k. R. Deshpande, AGP for Respondent Nos.1 to 3.

CORAM

: AVINASH G. GHAROTE AND ANIL L. PANSARE, JJ.

D ATE : 9 th JANUARY, 2024 .

.

Heard Mr Meshram, learned counsel for petitioner and the learned Assistant Government Pleader appearing for respondent Nos.1 to 3. None appears for respondent Nos.4 and 5, though served.

2.

A limited grievance raised in the petition is, that the earlier appointments of the petitioner, though on the temporary basis for the duration 2005 to 2006 by the appointment order dated 18.06.2005 (Page 25); 2006 to 2007 by the appointment order dated 12.06.2006 (Page 26) and for the duration 2008 to 2009 by the appointment order dated 26.06.2008 (Page 27), the entries in that regard have not been taken in the service book of the petitioner. This position is reflected from the copy of the service book which is at Annexure-19.

3.

Under Rule 11 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, a TAMBE

31 WP-2380-2023.odt service book is required to be maintained in respect of each employee. The Rule does not make any difference regarding the category of employee which would indicate, that this would be necessary even in respect of a temporary employee or an employee on probation. Rule 11(1) of the MEPS Rules, requires a service book and leave account in the form in Schedule "E" to be opened in duplicate for each employee in the school within three months from the date of his appointment and the service and leave record of the employee has to be maintained.

4.

In that view of the matter, the petition is allowed. The respondent Nos.4 and 5 are directed to take according entries of the aforesaid appointment orders of the petitioner in his service book.

(ANIL L. PANSARE, J.) (AVINASH G. GHAROTE, J.) TAMBE