Pravin Pundalik Godase v. The State Of Maharashtra Thru Prin. Secretary, Dept. Of School Edu. And ORS

(17)-WP-12862-23.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2025.01.27 10:54:12 +0530 WRIT PETITION NO.12862 OF 2023 BALAJI GOVINDRAO PANCHAL Pravin Pundalik Godase

...Petitioner

Versus

The State Of Maharashtra & Ors.

...Respondents

Mr. Chetan Patil a/w Mandar G. Bagkar, for the Petitioner. Mr. V. M. Mali, AGP for the Respondent - State. CORAM : NITIN W. SAMBRE & ASHWIN D. BHOBE, JJ.

DATE : 24th JANUARY, 2025 P. C.

1.

Heard learned counsel for the parties.

2.

The challenge is to the impugned communication dated 8th September, 2022 wherein the appointment of the Petitioner on the post of Peon with Respondent No.5 institution managed by Respondent No.4 - Trust came to be rejected.

3.

It is the contention of the Petitioner that the issue is covered by the division bench order in the matter of Writ Petition No.5157 of 2021 (Shrikant Baburao Walvekar Vs. State of Maharashtra & Ors.) decided on 28th February, 2022.

BGP.

(17)-WP-12862-23.doc.

4.

As regards the factual matrix in the matter of Shrikant Baburao Walvekar (ciated supra) is concerned, we have no assistance of the Respondent for want of reply to ascertain the same. 5.

However, we are of the view that the impugned order dated 8th September, 2022 can be treated as show-cause notice by the Petitioner and in terms thereof the Petitioner and Respondent Nos.4 and 5 shall submit explanation to the Deputy Director of Education by 28th February, 2025. The Deputy Director of Education shall hear the Petitioner and Respondent Nos.4 and 5 and shall pass and communicate appropriate order to the said parties by 30th April, 2025.

6.

The Petition stands partly allowed in above terms. 7.

In case if the services of the Petitioner stands approved, the Deputy Director of Education shall also pass consequential order of getting the dues which the Petitioner is entitled in law from the management and shall proceed to process the same in according with law.

[ASHWIN D. BHOBE, J.] [NITIN W. SAMBRE, J.] BGP.