Tushar Pandurang Junghare v. Education Officer, Education Department (Secondary) Zilla Parishad, Nagpur And Others

1.8WP.4742.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4742 OF 2017.

(Tushar Pandurang Junghare .vs. The Education Officer, (Sec.), ZP, Nagpur & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. Y.S. Gorle, Advocate for petitioner, Mr. N.H. Joshi, A.G.P. for respondent no.1.

CORAM : B.P. DHARMADHIKARI & ROHIT B. DEO, JJ. DATED : AUGUST 1, 2017.

The petitioner appointed on unaided school got approval after management sought it on 29.10.2013 initially on probation for a period of two years from the date of appointment. The school started receiving grants from 1.7.2010, i.e. one year after the appointment of petitioner.

By later order of same date, the Department has mentioned that as proposal for approval was received late, it was granting approval from the academic year in which proposal was received, that too as a Junior Clerk (Assistant). It has, therefore, prescribed probation for a period of three years. The later order obviously has to prevail because when management sought approval, the scheme providing appointment as Junior Clerk (Assistant) was already in force. The petitioner is approaching this Court more than three years after these orders.

We find the delay deliberate.

1.8WP.4742.17 We are not inclined to intervene in Writ jurisdiction. The petition is rejected.

Judge Judge J.