Ku. Meena Sitaldas Wadhwani v. The State Of Maharashtra, Through Its Secretary, Dept. Of School Education, And Others

WP4643-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4643/2015 (MEENA SITALDAS WADHWANI VERSUS THE STATE OF MAHARASHTRA & OTHERS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.G. Kulkarni, counsel for the petitioner. Mrs. M.M. Deshmukh, A.G.P. for the R-1 to 4.

CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : NOVEMBER 24 , 2015.

Heard.

By this petition, the petitioner seeks a direction to the respondent nos.1 to 4 to grant upgradation to the petitioner as a Full Time Librarian in terms of the Government Resolution dated 28.06.1994 with Notional Pay-Fixation, Time Bound Promotion, etc.

The learned counsel for the petitioner states that the petitioner is fully qualified and eligible for being appointed as a Librarian and is working in the school, where the strength of the students is more than one thousand. It is stated that in the circumstances of the case, a direction should be issued to the respondents to consider granting upgradation to the petitioner as a Full Time Librarian as all the conditions that are required to be satisfied for granting the upgradation have been satisfied by the petitioner in terms of the Government Resolution dated 28.06.1994.

Since we find that the issue involved in this case was also involved in Writ Petition No.1154 of 2015 and a bunch of petitions bearing Writ Petition No.6630 of 2013 & Others, we intend to grant a similar relief to the petitioner herein, as is granted to the petitioners in those writ petitions.

WP4643-15 Hence, by partly allowing the writ petition, we direct the respondents to consider the claim of the petitioner for upgradation as a Full Time Librarian in terms of the Government Resolution dated 28.06.1994, within a period of three months and grant upgradation from the effective date, if the petitioner is so eligible. It is needless to mention that the petitioner would be entitled to notional benefits in respect of upgradation till the date of the order upgrading the petitioner and would not be entitled to monetary benefits flowing from the said order, till the date of the same.

Order accordingly. No costs.

JUDGE JUDGE APTE