Barikrao Atmaram Shete vs The State Of Maharashtra Thr Its ...
2021 Latest Caselaw 3283 Bom

                                       1                                 wp 3278.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

                54 WRIT PETITION NO.3278 OF 2021

                 BARIKRAO ATMARAM SHETE
                          VERSUS
  THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND
                          OTHERS
                           ...
     Advocate for Petitioner: Mr. Dighe Vithal H.
    AGP for Respondents No.1&2: Mr. K. N. Lokhande
      Advocate for Respondent No.3: Mr. S. S. Wagh
                           ...

                               CORAM: S. V. GANGAPURWALA &
                                      SHRIKANT D. KULKARNI, JJ.

                               DATE:       22nd FEBRUARY, 2021

 PER COURT:

 1.       The        proposal              seeking     approval             to       the

promotion of the petitioner as a Junior Clerk is

rejected.

2. Heard Mr. Dighe, learned Counsel for the

petitioner.

3. The learned A.G.P. accepts notice for

respondents no. 1 and 2. Mr. Wagh, learned Counsel

accepts notice for respondent no. 3.

2 wp 3278.2021

4. It appears that the post of Junior Clerk can

be filled in by promotion is no longer res-integra

in view of the judgment of this Court in case of

Ashok S/o. Shankarrao Shinde Vs. Probodhan

Shikshan Sanstha and others reported in 1999 (1)

Mh.L.J. 348 and Writ Petition No. 2321 of 2019

under judgment dated 04.12.2020.

5. It also appears that the staffing pattern for

the post of Clerk has been fixed by the Government

Resolution dated 28.01.2019. The same will have to

be considered by the Education Officer.

6. In light of that, the impugned order is

quashed and set aside. The Education Officer shall

decide the proposal afresh, preferably within four

(04) months. It shall not be rejected on the

ground on which the impugned order is passed.

7. Writ Petition is accordingly disposed of. No

costs.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

marathe