Abdul Kalim Abdul Samad v. The State Of Maharashtra, Thr. Secretary, Dept. Of School Education, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.1672/2022 Abdul Kalim Abdul Samad ...

Petitioner - Versus - State of Maharashtra and others ... Respondents ----------------- Shri Y.R. Kinkhede, Advocate for Petitioner.

Shri A.A. Madiwale, Assistant Government Pleader for Respondent Nos.1 to 4.

---------------- CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 28 MARCH 2022 P.C. :

The Petitioner is seeking a Writ of Mandamus against Respondent Nos. 1 to 4, for grant of upgradation of the Petitioner to full time Librarian from the date as stated in the Petition. The Petitioner has relied upon the Government Resolution dated 28 June 1994 and has sought benefits of the

notional pay fixation, time bound promotion and pensionary benefits.

2.

The petitioner has approached this Court directly without asserting the Petitioner's right as above. The contention of the Petitioner is that one similarly situated employee had asked for this relief, however, it was not granted. Learned Counsel also points out that similarly situated employees had filed Writ Petitions, which were allowed in their favour based on the very same Government Resolution which the Petitioner seeks to rely upon. If that be the case, nothing stopped the Petitioner from approaching the concerned Respondent annexing the copy of the Government Resolution and order passed by this Court. 3.

If the Petitioner approaches the concerned Respondent within a period of two weeks from today annexing the copy of the Government Resolution and the orders passed by this Court annexed to this Petition, Respondent No.3 will go through the judgment, Government Resolution and the representation of the Petitioner and pass necessary orders within a period of eight weeks from the date the Petitioner's make an application/representation, subject to earlier time bound commitments and pressing public duties.

4.

The Writ Petition is accordingly disposed of. (ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) SANDEEP CHANDRASHEKHAR DESHMUKH Date: 2022.03.30 17:56:48 +0530 SANDEEP CHANDRASHEKHAR DESHMUKH Deshmukh