Pritesh Pradip Khake And ANR v. The State Of Maharashtra Thr. Secretary School Education Dept. And ANR

6-5279-2022-wp=.doc Digitally signed by UDAY SHIVAJI JAGTAP Date:

2022.11.19 16:41:43 +0530 UDAY SHIVAJI JAGTAP Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5279 OF 2022 Pritesh Pradip Khake & Anr.

.. Petitioners Vs.

The State of Maharashtra, Through Secretary School Education Dept. & Anr.

.. Respondents .....

Mr. N.V. Bandiwadekar i/b Ms. Ashwini N. Bandiwadekar for the petitioners Mr. N.C. Walimbe, AGP for the respondent - State .....

CORAM : S.V. GANGAPURWALA & S.G. DIGE, JJ.

DATED : 18th NOVEMBER, 2022.

P.C.

1.

The proposal seeking approval to the appointment of the petitioner as a Junior Clerk is rejected under the impugned communication. We have heard the learned Counsel for the petitioner and the learned AGP for the respondent - State. 2.

The petitioner claims to have been appointed on 1st December

6-5279-2022-wp=.doc 2014. The proposal is rejected on the basis of the Government Resolution dated 7th March, 2019. The Rules, executive instructions and the policy as applicable on the date on which the petitioner is appointed, would be relevant. In light of that, the impugned order is quashed and set aside.

3.

The Education Officer shall reconsider the proposal for the appointment of the petitioner on the basis of executive instructions and rules prevailing as on the date on which the petitioner was appointed. The same shall be decided preferably within six months. 4.

Writ Petition is disposed of. No costs.

(S.G. DIGE, J.) (S.V. GANGAPURWALA, J.)