Rajendra Ramchandra Patil v. The State Of Maharashtra Thr The Secretary And ORS

30.WP.2461.22.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2022.12.13 10:28:42 +0530 BALAJI GOVINDRAO PANCHAL WRIT PETITION NO.2461 OF 2022 Shri. Rajendra Ramchandra Patil ..Petitioner

Versus

State of Maharashtra & Ors.

..Respondents Mr. Sayajeet A. Rajeshirke, for the Petitioner. Smt. S. S. Bhende, AGP for Respondent Nos. 1 & 2/State. Mr. Abhishek Kulkarni, for Respondent Nos. 3 & 4. CORAM : NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ.

DATE : 9th DECEMBER, 2022 P.C.

1.

The subject matter of controversy in the present petition is in relation to upgradation of the Petitioner to full time employee, who was working as part time Teacher. It is not in dispute that in number of similarly placed cases (Writ Petition No. 482 of 2022), a Division Bench of this Court, by its order dated 10 July 2019, whilst disposing of the petitions of concerned teachers/employees have granted liberty to make representations and directed Respondent No.3 to issue appropriate instructions/ directions so as to facilitate absorption in accordance with the State policy, in a time bound manner.

BGP.

30.WP.2461.22.doc.

2.

Learned AGP does not dispute that the fact of this case is not different from the facts of the above referred petition. 3.

The petition is, accordingly, disposed of by giving liberty to the Petitioner to file appropriate application/representation for absorption as full time teacher in accordance with the State policy. Respondent No.2 shall on receipt of such application/ representation, extend opportunity of hearing to the Petitioner and the concerned institution (Respondent No.3), and, thereafter, issue necessary instructions/directions for facilitating absorption of the Petitioner in accordance with the policy of the Respondent State, as expeditiously as possible, and preferably within a period of four months from the date of receipt of the application/representation. In the event the Petitioner is found eligible for absorption as full time Teacher in Respondent No.3/Institution, the respondent No.2 shall issue directions to Respondent No.3 for submission of proposal for grant of approval to the upgradation of the Petitioner as full time Teacher.

4.

The Petition as such stands disposed of in the above terms.

[SHARMILA U. DESHMUKH, J.] [NITIN W. SAMBRE, J.] BGP.