Sudhakar S/O Govindrao Polkat vs State Of Maharashtra, Through Its ...
2017 Latest Caselaw 4153 Bom

WP  2307/13                                           1                              Judgment

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                  NAGPUR BENCH, NAGPUR.
                       WRIT PETITION No. 2307/2013

Sudhakar s/o Govindrao Polkat,
Age: Adult, R/o C-63, Zilla Parishad Nagar,
Khadki, Akola, Tq. & Dist. Akola.                                               PETITIONER


                                    .....VERSUS.....


1.    State of Maharashtra,
      Through its Secretary,
      Education Department,
      Mantralaya, Mumbai - 32.
2.    The Education Officer (Secondary),
      Zilla Parishad, Akola.                                                       RESPONDENTS



                      Shri A.M. Ghare, counsel for the petitioner.
          Shri I.J. Damle, Assistant Government Pleader for the respondents.



                                      CORAM :SMT.VASANTI  A  NAIK AND
                                                     A.D. UPADHYE, JJ.                  

DATE : 6 TH JULY, 2017.

ORAL JUDGMENT (PER : SMT.VASANTI A NAIK, J.)

By this writ petition, the petitioner challenges the order of the

respondent no.2, dated 01.10.2012 rejecting the prayer of the petitioner

for absorption of the petitioner on the post of full time librarian from

1994. The petitioner seeks a direction that he is entitled to the status of a

full time librarian with effect from 28.06.1994 till 19.09.2009, the date

from which he was granted the status of full time librarian.

WP 2307/13 2 Judgment

2. The petitioner was appointed as a part time librarian in

Adarsha High School, Akola on 07.12.1992. According to the petitioner,

in view of the recommendations of the Chiplunkar Committee, the

Government of Maharashtra created additional posts of full time

librarians. Since the petitioner was working as a part time librarian in a

school which had more than one thousand students, according to the

petitioner, the respondents were liable to upgrade him as a full time

librarian from the academic session 1994-95. It is stated that despite the

representation of the petitioner to the respondents seeking the said relief,

the petitioner was not granted the status of full time librarian. According

to the petitioner, the post of the petitioner is upgraded to the post of full

time librarian with effect from 19.09.2009. The petitioner, however,

seeks a declaration that he is entitled to the status of a full time librarian

with effect from 28.06.1994 in view of the government resolution issued

on that date.

3. Shri Ghare, the learned counsel for the petitioner, submitted

that a similar writ petition came up for consideration before this Court

and this Court has, by the judgment dated 24.02.2016 in Writ Petition

No.658 of 2015, directed the State Government to grant the status of a

full time librarian to the petitioner therein with effect from 01.07.1994.

It is stated that a similar order could be passed in the case of the

petitioner also. It is stated that the said relief was granted by this Court

WP 2307/13 3 Judgment

to the petitioner in Writ Petition No.658 of 2015 on the basis of the

judgment, dated 20.01.2016 in Writ Petition Nos.1272 of 2015 and 1278

of 2015.

4. Shri Damle, the learned Assistant Government Pleader

appearing for the respondents, does not dispute the statements of facts

made on behalf of the petitioner. It is, however, stated that in terms of

the judgment dated 24.02.2016 in Writ Petition No.658 of 2015, the

actual monetary benefits were directed to be paid to the petitioner in the

said writ petition only from the date of the judgment. It is stated that

since the petitioner has received actual monetary benefits for the said post

with effect from 19.09.2009 when he was upgraded, the petitioner would

not be entitled to any monetary benefits in terms of the deemed

upgradation.

5. On hearing the learned counsel for the parties and on a

perusal of the judgment dated 24.02.2016 in Writ Petition No.658 of

2015, it appears that the prayer made by the petitioner needs to be

partially granted. In view of the judgment dated 24.02.2016 in Writ

Petition No.658 of 2015 that was passed in pursuance of the judgment

dated 20.01.2016 in Writ Petition No.1272 of 2015, it would be necessary

to direct the respondents to grant the status of full time librarian to the

petitioner with effect from 01.07.1994.

WP 2307/13 4 Judgment

6. Hence, for the reasons aforesaid, the writ petition is partly

allowed. The respondents are directed to grant the status of full time

librarian to the petitioner with effect from 01.07.1994. The petitioner

would, however, not be entitled to the arrears of difference of salary for

the period from 01.07.1994 till the date on which he was upgraded as a

full time librarian, i.e. 19.09.2009. The petitioner would not be entitled

to any arrears and the notional increments would be considered only for

the purpose of pay-fixation, time bound promotion and pensionery

benefits, as admissible in accordance with rules.

Rule is made absolute in the aforesaid terms with no order as

to costs.

              JUDGE                                     JUDGE
APTE