Saurabh Subhash Malekar v. The State Of Maharashtra Throu. The Sec. School Education And Sports And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2024.12.05 11:10:23 +0530 Trupti 1 11-wp-14811-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14811 OF 2024 Shri Saurabh Subhash Malekar ...

Petitioner versus The State of Maharashtra & Ors.

...

Respondents ...

Mr.Prashant Bhavake for the Petitioner.

Mr.S.H.Kankal, AGP for the Respondent -State. ....

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 3RD DECEMBER, 2024 P.C.:

1.

A simple prayer is put forth by the Petitioner that the pending proposal dated 15th February, 2023 forwarded by the Management seeking approval to the appointment of the Petitioner on the post of Peon, be decided by Respondent No.5- Education Officer (Secondary).

2.

Considering the above, this Writ Petition is disposed off with a direction to Respondent No.5 to carry out a meticulous verification exercise in the proposal, including the advertisement published and details thereof. Let such verification be completed within

Trupti 2 11-wp-14811-2024.odt 60 days from today and an appropriate reasoned order be passed. Needless to state, if the Petitioner's appointment is approved, the Management would forward a proposal for grant of Shalarth ID to the Petitioner and the Authorities would consider the same, expeditiously. 3.

Since the Petitioner is working without an approval and considering the law laid down by the Full Bench of this Court in St. Ulai High School and Another vs. Devendraprasad Jagannath Singh and Another, 2007 (1) Mh.L.J. 597, we direct that the services of the Petitioner shall not be terminated only for the reason of lack of approval. (ASHWIN D. BHOBE,J.) ( RAVINDRA V. GHUGE, J.)