Kishor Anatrao Sabale vs The State Of Maharashtra Through ...
2021 Latest Caselaw 10856 Bom

                                                        20-2-WPST-93327-20.doc

Sharayu Khot.
              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                      WRIT PETITION (ST) NO. 93327 OF 2020


     Shri Kishor Anantrao Sabale                            ...Petitioner

             Versus

     The State of Maharashtra & Ors.                        ...Respondents

                                       ----------
     Mr. N.V. Bandiwadekar a/w Mr. Vinayak Kumbhar i/by Ms.
     Ashwini N. Bandiwadekar for the Petitioner.
     Mr. N.K. Rajpurohit, AGP for the Respondent Nos. 1 to 3.
                                       ----------

                                        CORAM :          R.D. DHANUKA &
                                                         R.I. CHAGLA, JJ.

                                       DATE         :    11 August 2021

     ORDER :

1. Rule.

2. Learned AGP waives service for Respondent Nos. 1

to 3. No reliefs has been sought for against Respondent Nos. 4

and 5. Hence, at this stage, the names are deleted for the

purpose of deciding this Petition.

3. By consent of parties, the Petition is heard fnally.

20-2-WPST-93327-20.doc

4. By this Petition fled under Article 226 of the

Constitution of India, the Petitioner seeks an order and

direction against Respondent No. 2 to grant approval to the

appointment of the Petitioner on the compassionate basis in the

aided school by Respondent No. 4-Management with effect from

1st June 2013 and to release the grant-in-aid for payment of

salary in pay-scale from the date of appointment together with

arrears.

5. Perusal of the correspondence annexed to the

Petition indicates that the stand of Respondent Nos. 1 to 3

appears to be that in view of Government Resolution dated

28th January 2019 stating that since the staffng pattern is not

decided or that in view of the Government Resolution dated

12th February 2015, imposing a ban upon fresh appointment,

the approval to the appointment of the Petitioner cannot be

granted.

6. By our judgment in Writ Petition No. 589 of 2021,

this Court has held that if the appointment is made prior to the

Government Resolution dated 28th January 2019 or 12th

February 2015, the said Government Resolutions would not

apply to the appointments made on compassionate basis. In our

20-2-WPST-93327-20.doc

view, the stand taken by the Respondent Nos. 1 to 3 in the

correspondence made are contrary to the law laid down by this

Court. Hence, we pass the following order:-

(i) Respondent Nos. 1 to 3 shall accordingly, grant

approval to the appointment of the Petitioner on

compassionate basis in the aided school by

Respondent No. 4-Management with effect from 1st

June 2013 and to release the grant-in-aid for

payment of salary in pay-scale from the date of

appointment together with arrears.

(ii) Respondent Nos. 1 to 3 are directed to dispose of the

said proposal within a period of four weeks after

considering the position of law laid down of this Court

in Writ Petition No. 589 of 2021.

(iii) It is further directed to release the grant-in-aid for

payment of salary in pay-scale from the date of

appointment, together with arrears within a period of

six weeks thereafter.

20-2-WPST-93327-20.doc

(iv) We hope that Respondent Nos. 1 to 3 would follow the

law laid down of this Court and would not be party to

increase further litigation.

(v) Respondent No. 2 shall insert the name of the

Petitioner in Salarth Pranali within a period of one

week from passing of the said order.

(vi) Writ Petition is disposed of in aforesaid terms.

(vii) Rule is made absolute.

(viii) Parties to act upon an authenticated copy of this

order.

 [R.I. CHAGLA J.]                               [R.D. DHANUKA, J.]