Tarate Sanjay Zumbar vs The State Of Maharashtra And ...
2021 Latest Caselaw 455 Bom

                                       1                              wp 211.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               933 WRIT PETITION NO. 211 OF 2021
                 TARTE SANJAY ZUMBAR
                        VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                          ...
    Advocate for Petitioner: Mr. Shivaji T Shelke
  AGP for Respondents No. 1 & 2: Mr. P. K. Lakhotiya
                          ...

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

DATE: 08th JANUARY, 2021

PER COURT:

1. The proposal seeking approval to the

appointment of the petitioner as Junior Clerk is

rejected under the impugned order.

2. Mr. Shelke, the learned Counsel submits that

the petitioner was working as a Peon and he was

thereafter promoted to the post of Junior Clerk.

The proposal for approval is rejected only on the

ground that the post on Junior Clerk is to be

filled in by nomination and cannot be by

promotion. The learned Counsel submits that the

post of Junior Clerk can be filled in by

promotion. The learned Counsel relies on the

2 wp 211.2021

judgment of the Division Bench 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. The said judgment is relied further

by the Division Bench of this Court in Writ

Petition No. 2321 of 2019 under judgment dated

04.12.2020.

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

respondents no. 1 and 2.

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 and in Writ Petition

No. 2321 of 2019 (supra).

5. 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 of which the impugned order is passed.

3 wp 211.2021

6. Writ Petition is accordingly disposed of. No

costs.

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

marathe