Bombay High Court
Khushal Kerba Manke vs The State Of Mahrashtra And Ors on 20 August, 2021
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.5175 OF 2010
WITH
CIVIL APPLICATION NO.12093 OF 2011
IN WP/5175/2010
Khushal s/o Kerba Manke,
Age : 34 years, Occupation : Service,
R/o Itgyal (Pade), Post: Ambulga (Bk),
Tq.: Mukhed, Dist. : Nanded.
....PETITIONER
-VERSUS-
1. The State of Maharashtra.
Through its Secretary,
Social Welfare Department,
Mantralaya, Mumbai.
2. The Director,
Vimukta Jati, Nomadic Tribes,
Other Backward Classes
Welfare Directorate,
Maharashtra State, Pune.
3. Special Social Welfare Officer,
Latur, District Latur.
4. Devnagari Bahuuddeshiya Shikshan
Prasarak Mandal, Devani,
Tq.: Devani, Dist.: Latur.
Through its Secretary.
5. Rambhau Mhalgi Primary
Ashram School, Wadhavana (Bk),
Tq.: Udgir, Dist.: Latur,
Through its Head Master.
....RESPONDENTS
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AND
WRIT PETITION NO.299 OF 2011
DEVNAGARI BAHUUDDESHIYA SHIKSHAN PRASARAK
MANDAL
VERSUS
THE DIRECTOR (VJNT) PUNE AND OTHERS
...
Advocate for the Petitioner/ Management in WP 299/2011 and
for Respondents 4 and 5 in WP 5175/2010 : Shri N.P.Patil
Jamalpurkar
AGP for Respondents 1 to 3 : Shri S.R. Yadav Lonikar
Advocate for Respondent 4 in WP 299/2011 and for the
petitioner in WP 5175/2010 : Shri Satish S. Deshmukh
...
CORAM : RAVINDRA V. GHUGE
&
S.G. MEHARE, JJ.
DATE :- 20th August, 2021
Oral Judgment (Per Ravindra V. Ghuge, J.):-
1. Shri Patil, learned advocate representing the
Educational Institution, which is the petitioner in Writ Petition
No.299/2011 and respondent No.4 in Writ Petition
No.5175/2010, places before us the order dated 16.01.2019
passed by the Regional Deputy Commissioner, Social Welfare
Department, Latur delivered in Appeal No.3/2019 filed by
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another teacher Shri Dipak Nagnath Kanje. The petitioner (Shri
Khushal Manke) in Writ Petition No.5175/2010 is the respondent
No.4 in the said appeal. The said order indicates that the present
petitioner (Shri Manke) has been selected as per the backlog
roster. As regards approval, the orders could not be passed
despite the directions of this Court dated 26.04.2013 delivered in
Writ Petition No.7767/2012 filed by Shri Dipak Kanje since the
present petition filed by Shri Khushal Manke was pending. The
copy of the said order dated 16.01.2019 (14 pages) is taken on
record and marked as X-1 for identification.
2. Shri Patil then tenders the copy of the
communication dated 11.04.2019 issued by the Assistant
Commissioner of Social Welfare, Latur addressed to Shri Dipak
Kanje and the present petitioner Shri Khushal Manke. The said
communication also states that the present petitioner Shri Manke
has been selected in accordance with the roster. However, the
approval for his appointment is kept pending since his present
petition is pending final hearing. The said communication dated
11.04.2019 (13 pages) is taken on record and marked as X-2 for
identification.
3. Shri Patil also tenders the communication dated
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29.05.2020 issued by the Assistant Commissioner of Social
Welfare, Latur addressed to the Educational Institution, petitioner
in Writ Petition No.299/2011, wherein, it has been once again
stated that the proposal for granting approval to the appointment
of the petitioner (Shri Manke) can be sent afresh subject to the
decision of this Court in the pending petition. The said
communication dated 29.05.2020 is taken on record and marked
as X-3 for identification.
4. Shri Deshmukh, learned advocate for the petitioner
(Shri Manke), submits that his Appeal No.1/2011 seeking unpaid
wages is pending before the Assistant Commissioner, Social
Welfare Department, Latur. So also, an employee belonging to
the backward category Shri R.P.Lashkare has superannuated
from employment. This eases the path of the petitioner. He,
therefore, submits that the petitioner will withdraw this petition
as well as Appeal No.1/2011 so as to enable the Assistant
Commissioner, Social Welfare Department, Latur to pass an
appropriate order for granting approval to the appointment of the
present petitioner. Thereafter, he would prefer a fresh appeal to
the extent of unpaid wages, if the dispute with the Management
still persists.
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5. In view of the above, Shri Patil submits that the
Educational Institution would also withdraw Writ Petition
No.299/2011.
6. As such, both Writ Petitions are disposed off as
withdrawn. To meet the ends of justice, we are issuing the
following directions :-
(a) The Management shall submit a fresh proposal
seeking approval to the appointment of the petitioner (Shri
Khushal Manke) to the Assistant Commissioner, Social Welfare
Department, Latur, on or before 15.09.2021.
(b) The Assistant Commissioner, Social Welfare
Department, Latur would decide the said proposal on it's own
merits, as expeditiously as possible and preferably on or before
30.10.2021. In the event, he finds it necessary to record the views
of the petitioner (Shri Khushal Manke) and the Management, he
is at liberty to do so.
(c) In the event of favourable orders being delivered,
considering that one employee (R.P.Lashkare) had retired and the
Assistant Commissioner, Social Welfare Department, Latur has
arrived at the conclusion that the selection of the petitioner (Shri
Khushal Manke) is legal and in accordance with the backlog, the
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petitioner (Shri Khushal Manke) would be at liberty to tender a
fresh appeal for seeking unpaid wages if the said grievance still
persists.
7. Rule in Writ Petition No.5175/2010 is, accordingly,
discharged. The pending Civil Application does not survive and
stands disposed off.
kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
