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Bombay High CourtWP/1290/2019disposedoff

Shri Mangesh S/O Ramchandrarao Girde v. State Of Maharashtra, Thr. Its Secretary Department Of Higher And Technical Education, Mumbai And 6

2020-02-10Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Vinay Joshi2 pages

30-WP-1290-19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1290 OF 2019 Mangesh s/o Ramchandrarao Girde, Nalwadi, Wardha -vsState of Maharashtra, Thr. Secretary, Department of Higher and Technical Education, Mantralaya, Mumbai 32 and ors.

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Shri S. S. Shngane, Advocate for petitioner. Ms Tajwar Khan, Assistant Government Pleader for respondent Nos.1 to 4.

Shri A. C. Dharmadhikari, Advocate for respondent Nos.5 and 6. CORAM : A. S. CHANDURKAR AND VINAY JOSHI, JJ. DATE : FEBRUARY 10, 2020 The petitioner seeks a direction for being appointed on the post of full time Shiksan Sevak at the respondent No.6-College in the light of Government Resolution dated 10/06/2005.

While it is the case of the petitioner that he is discharging duties at both junior college as well senior college run by respondent No.6, it is specific case of the respondent No.6 that the petitioner was appointed in the senior college as per the appointment order dated 05/11/2003. There is a dispute with regard to applicability of the provisions of Government Resolution dated 10/06/2005 to the services of the petitioner. Since it is found that the remedy of making a grievance under Section 79 of the Maharashtra Public Universities Act, 2016 is available to the petitioner, the interests of justice would be met by directing the petitioner

30-WP-1290-19 2/2 to raise such grievance before the Grievance Committee. On behalf of respondent No.6 it is submitted that no objection would be raised to the jurisdiction of the Grievance Committee to consider the prayer for appointment on the post of Shikshan Sevak in the respondent No.6-College.

With the aforesaid liberty and keeping the points raised in the petition open, the present writ petition is disposed of. If such grievance is raised, the same shall be decided expeditiously.

No costs.

JUDGE JUDGE Asmita