Atul Kerba Shinde v. The State Of Maharashtra Thr. Secretary School Education Dept. And ORS

25.WPNo.111522022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11152 OF 2022 Atul Kerba Shinde ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. N. V. Bandiwadekar i/b. Mrs. Ashwini N. Bandiwadekar, Advocate for the Petitioner.

Mr. S. B. Kalel, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED :

SEPTEMBER 23, 2022 ORAL JUDGMENT : (Per S. V. Gangapurwala) 1.

Rule. Rule is made returnable forthwith. With consent of the parties, taken up for fnal hearing. 2.

The petitioner claims to have been appointed as Junior Clerk from OBC category on 2nd September 2011. The Education Offcer has granted approval to the appointment of the petitioner, but has granted the same from 23rd October 2013. The Education Offcer opined that on 2nd September 2011, when the petitioner was appointed, there were ban on recruitment and, as such, the approval is granted from 23rd October 2013.

3.

The Education Offcer has committed a blatant error in passing the impugned order. The learned Single Judge of this Court in its order dated 30th October 2018 passed in Gaikwad RD 1/2

25.WPNo.111522022.doc Writ Petition No. 11338 of 2018 has directed the Education Offcer to grant approval from 2nd September 2011. The Education offcer could not sat over the order of this Court and take a different view. He has committed contempt of Court by granting approval to the appointment of the petitioner on the day other than the day directed by this Court. The Education Offcer had no option but to follow the order of this Court.

4.

The impugned order granting approval to the appointment of the petitioner from 23rd October 2013 is quashed and set aside.

5.

The Education Offcer shall grant approval to the appointment of the petitioner on honorarium from 2nd September 2011 for a period of three years and upon completion of three years, shall grant approval on regular basis in appropriate pay scale.

6.

The said exercise shall be done within two months from today.

7.

Rule is made absolute accordingly.

8.

The writ petition is disposed of. No costs.

(R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.09.26 11:34:36 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2