Shri. Umesh Raghunath Bamane v. The State Of Maharashtra Through Its Education Dept. (Secondary Sec.) And ORS.

by ARUNA SANDEEP TALWALKAR Date:

2025.05.08 19:14:33 +0530 ARUNA SANDEEP TALWALKAR 5.WP7388.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7388 OF 2018 Shri Umesh Raghunath Bamane.

... Petitioner

Versus

State of Maharashtra & Ors.

... Respondents.

**** Mr. Chetan G. Patil i/b. Mr. Mandar G. Bagkar, for the Petitioner. Mr. V.G. Badgujar, AGP for Respondent Nos. 1 4o 4 & 7/State. **** CORAM :

RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

5th MAY, 2025 P.C. :

1.

This is a motion for speaking to the minutes of the Judgment dated 22nd April, 2025.

2.

It is pointed out that in paragraph 12, this Court has directed the grant of approval to the posting of the Petitioner as a part time Librarian from the date of his appointment. However, a sentence as regards the monetary benefits to be made available, as like the relief granted to the Petitioner from the date of up-gradation of his post, was not mentioned in the order.

3.

The learned AGP submits that though such sentence can be added to the paragraph 12, in the same paragraph, wherever the words 'create', 'created' or 'creation' have been used, the same will have to be replaced by the words 'upgrade', 'upgraded' or 'up-gradation'. Talwalkar

5.WP7388.2018.odt 4.

In view of the above, paragraph 12 would be replaced and would be substituted as under :

"12 In view of the above and a clear and undisputed position of the State Government that the Petitioner's part-time post of Librarian was to be approved since July, 1999, we are directing the State Government to grant approval to the posting of the Petitioner as a part-time Librarian from the date of his appointment. He would be entitled for the monetary benefits in terms of the grants available for the post of part time Librarian from July 1999.

We are further directing the State Government to upgrade a permanent post of Librarian qua the Respondent Educational Society, more particularly, the school in which the Petitioner is working. This post, which is actually being upgraded and the proposal is in the pipeline as per the statement of the learned AGP on instructions, and since it has been years that the matter is lingering on, that we are directing the State Government to upgrade this post within a period of 90 days from today. From the date of up-gradation of the post, the grants would be made available and the Petitioner would be entitled to all the monetary benefits in terms of the salary grants for such permanent full-time post of Librarian from the date of the up-gradation of the post." 5.

Corrected order be uploaded.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Talwalkar