Prashant Shankar Patil v. The State Of Maha. Thr. Sec. School Education Dept. And ORS

19.WPNo.122612022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.10.18 14:01:54 +0530 CIVIL APPELLATE JURISDICTION RAJU DATTATRAYA GAIKWAD WRIT PETITION NO. 12261 OF 2022 Prashant Shankar Patil ...

Petitioner

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. Chetan Patil i/b. Mr. Mandar Bagkar, Advocate for the Petitioner.

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

CORAM:

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

DATED :

OCTOBER 17, 2022 P.C.

1.

The learned Counsel for the petitioner submits that the petitioner is appointed in the year 2014 as peon. The proposal seeking approval to the appointment of the petitioner is rejected relying upon the Government Resolutions dated 28th January 2019 and 11th December 2020.

2.

We have heard learned AGP for respondent Nos.1,2 and 3.

3.

The petitioner claims to have been appointed in the year 2014. The proposal seeking approval to the appointment of the petitioner is rejected relying upon the Government Resolutions in the year 2019 and 2020. 4.

The position existing so also the Rules and the Gaikwad RD 1/2

19.WPNo.122612022.doc executive instructions operating as on date the petitioner was appointed shall have to be taken into consideration. 5.

In light of that, the impugned order is quashed and set aside.

6.

The Education Offcer shall reconsider the proposal seeking approval to the appointment of the petitioner as peon on its own merits in accordance with law and shall not be rejected on the basis of Government Resolutions dated 28th January 2019 and 11th December 2020. The same shall be decided expeditiously preferably within four months. 7.

The writ petition is disposed of. No costs.

(R. N. LADDHA, J.) (S.V. GANGAPURWALA, J.) Gaikwad RD 2/2