Ashok Vitthalrao Kale v. State Of Maharashtra, Thr. Its Secretary, Dept. Of School Education, Mumbai And Others
1 937 WP 1483-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR WRIT PETITION NO.1483/2019 Ashok Vitthalrao Kale Vs.
State of Maharashtra and others ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court'
s orders Court' s or Judge'
s order of directions and Registrar'
s orders .............................................................................................................................................. Shri A.B. Tikle, Advocate for the petitioner. Shri N.R. Patil, AGP for respondent Nos. 1 to 4. CORAM : R.K. DESHPANDE & AMIT B. BORKAR, JJ.
DATED : 24th January, 2020.
On 22.02.2019, this Court had passed an order as under:
"Heard.
Issue Notice for final disposal of the matter, returnable on 22.04.2019. Learned A.G.P. waives notice for respondent nos. 1 to 4.
We direct respondent no.4 to verify the position of students in the school, as is shown in Annexures-1 and 2 of the petition, and to file an affidavit to that effect."
In response to the aforesaid order, the respondent No.4 - the Education Officer(Secondary), Zilla Parishad, Wardha has filed an affidavit stating in paragraph no. (i)
2 937 WP 1483-2019.odt as under:
"(i) The student strength as shown in Annexure-1 (page 17) and Annexure-2 (page 18) is correct as per the actual student strength (Sanch Manyata) of the relevant years in the said school i.e. of academic years 1996-1997 to 19971998, of said school in which the petitioner worked and the same is also correct for academic years 1996-97 to 2006-2007 as given in Annexure-2 i.e. in which school the petitioner later worked. Though the petitioner claimed approval for he be treated as Full Time Librarian from 1.8.1997 as per Chiplunkar committee recommendation instead of 1.4.2006 but same was not given by the Director Education, Pune." In view of the above, the strength of students in the school from 1996-1997 to 2006-2007 was more than one thousand. The petitioner would be obviously entitled to upgradation as a Full Time Librarian and would be entitled to benefits of notional pay fixation, time bound promotion and actual increase in the pension.
The petition stands disposed of.
JUDGE JUDGE JPP