Kisan Ramchandra Dange And ANR v. The State Of Maharashtra Thr The Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by NIKITA KAILAS DARADE Date:

2025.03.10 15:05:41 +0530 NIKITA KAILAS DARADE WRIT PETITION NO.2905 OF 2025 Kisan Ramchandra Dange and Anr. .....Petitioners Vs.

The State of Maharashtra and Ors. ....Respondents Mr.Narendra V. Bandiwadekar, Senior Advocate a/w Mr.Rajendra B. Khaire, i/b Ms. Ashwini N. Bandiwadekar for the Petitioner. Ms. P. N. Diwan, AGP for the State.

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

DATE : 5th MARCH, 2025 P.C. :- 1.

The approval to the appointment of Petitioner No.1 as a Laboratory Attendant, has been granted. The said approval is said to be intact even today. The grievance in this petition is that the proposal for granting Shalarth I.D. is pending with Respondent No.2.

2.

It is well settled law that, if the approval is intact, the induction in the Shalarth Pranali, which is only a mode for facilitating ease of payment of salary through the digital platform, is

a formality. Unless the approval is cancelled by the Competent Authority, exercising jurisdiction vested in it by law, such approval cannot be refused.

3.

The grievance voiced by Mr. Bandiwadekar, is that when the approval is intact, how does Respondent No.2 direct the Management to produce certain documents which were a part of the procedure for verification, when approval was granted. 4.

While granting approval, a detailed inquiry is conducted by the Competent Authority and when the test of in-depth verification is cleared by the Management and an approval is granted, it cannot be called in question while dealing with the proposal for grant of Shalarth I.D. which is a formality. A re-inquiry in the approval cannot be conducted in the light of Pramod Prabhakar Pokale Vs. State of Maharashtra and Ors. reported in (2019) 3 Bom CR 278.

5.

In view of the above, this Writ Petition is disposed off with a direction to the Respondent No.2 to verify as to whether the approval is intact and the approval document is authentic. No

further inquiry is necessary. If the approval is intact and the approval order is authentic, Respondent Nos.2 shall issue an order granting Shalarth I.D. to Petitioner No.1, within 30 days from today.

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