Jainarayan Ramlakhan Pal vs The State Of Maharashtra Thru The ...
2021 Latest Caselaw 450 Bom

Megha                                                 wp_2688_2019.doc



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO.2688 OF 2019

Jainarayan Ramlakhan Pal                      ...Petitioner
              Versus
The State of Maharashtra and Ors.           ...Respondents

                               WITH
                   WRIT PETITION NO.2690 OF 2019

Smt. Manju Prabhakar Chaturvedi               ...Petitioner
              Versus
The State of Maharashtra and Ors.           ...Respondents

                                    ...
Mr. Prashant Bhavake for the Petitioners.
Mrs. M.S. Bane AGP in WP/2690 of 2019.
Mr. N.C. Walimbe, AGP in WP/2688/2019.


                       CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 08th JANUARY, 2021.

P.C.:-

. Not on board. Upon being mentioned on the ground of

urgency, taken on board.

2. Mr. Prashant Bhavake, learned counsel for the Petitioners

states that the a group of Petitions (Writ Petition (stamp) No. 92916 0f

2020 and other matters) involving similar question of law and facts has

Megha wp_2688_2019.doc

been disposed of by judgment dated 06/01/2021. He states that due to

inadvertence these two Petitions remained to be listed on the said date.

Hence, with consent Petitions are taken up for final hearing.

3. The Petitioners herein have challenged cancellation of

approval of their appointment. The approval has been canceled by

Respondent No.2-Deputy Director (Education) M.S., Pune on the ground

that there were irregularities in the approval order. The challenge in these

Petitions is mainly on the ground that the show cause notice is vague and

that Respondent N.2 was not justified in canceling the approval in view of

judgment of the Division Bench of this Court (Coram : Anup Mohta and

Bharti Dangre, JJ.) in Shishir Liladhar Lele and Ors Vs. Satish Pradhan

Dnyan Sadhna College of Arts, Commerce and Science and Ors.

4. I have perused the records and considered the submissions

advanced by the learned counsel for the respective parties. These two

Petitions are squarely covered by the judgment dated 06/01/2021 passed

in Writ Petition (St.) No.92916 of 2020. Hence, for the reasons recorded

in the judgment dated 06/01/2021, the Petitions are allowed. The

impugned orders of cancellation of approval are hereby quashed and set

aside. The approvals to the appointment of the respective Petitioners

Megha wp_2688_2019.doc

stand restored. The Respondent Nos.2 and 3 are directed to grant to the

Petitioners all consequential service benefits including continuation of

service, payment of monthly and salary allowance together with arrears.

Megha Parab Digitally signed by (SMT. ANUJA PRABHUDESSAI, J.) Megha Parab Date: 2021.01.12 17:31:59 +0530