Bombay High CourtWP/303/2022allowed

Bhartiya Vikas Bahu-Udeshiya Shi. And Prasikshan Sanstha, Wardha, Thr. Pre., Hanif Sheikh And ORS v. State Of Maha. Thr. Secretary, Education Department, Mumbai And ORS

2025-04-08Hon'Ble Shri Justice Avinash G. Gharote,Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 303 OF 2022 ( Bhartiya Vikas Bahu-Udeshiya Shikshan and Prashikshan Sanstha, Wardha and others ..vs.. State of Maharashtra and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.D. Karode, Counsel for the petitioners, Mr. A.M. Kadukar, A.G.P. for the respondent Nos.1 to 4. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 08-04-2025 The proposal for approval of the petitioner No.3, who has been appointed on 09-10-2012 as Peon with the petitioner No.2, has been rejected by the impugned communication dated 14-9-2021 (Page No.36) on the ground, that it is contrary to the G.R. dated 28-1-2019. Since the appointment is of the year 2012, the applicability of the G.R. dated 28-1-2019, would not arise at all. This is a position which is conceded to by the learned Assistant Government Pleader who rightly submits that the position as on the date of the appointment of the petitioner No.3 shall have to be taken into consideration, on account of which, we hereby quash and set aside the impugned communication dated 14-9-2021 (Page No.36) and direct the respondent No. 2 to reconsider the proposal of the petitioner in light of the position as prevailing in 2012 and decide it within a period of four weeks from today.

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Petition is allowed in the above said terms. No costs. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) adgokar