Mahesh Bharat Gaikwad vs The State Of Maharashtra And ...
2021 Latest Caselaw 12511 Bom

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             IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD

                          WRIT PETITION NO.3995 OF 2020

                         MAHESH BHARAT GAIKWAD
                                 VERSUS
                  THE STATE OF MAHARASHTRA AND OTHERS

Mr.V.H.Dighe, Advocate for the petitioner.
Mr.S.G.Sangle, AGP for respondent Nos. 1 and 2.

Mr.S.S.Wagh, Advocate for respondent No.3.

( CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ )

DATE : SEPTEMBER 2, 2021

PER COURT :

1. We have briefly heard the learned Advocates for the respective sides.

2. This is yet another case of refusal to grant approval to the appointment

of the petitioner who has already been appointed on compassionate basis.

The 2 grounds raised for refusal of approval are that there was a ban on

recruitment and that the staffing pattern for the Non Teaching Category was

not formalized.

3. We have extensively dealt with the above 2 grounds vide our judgment

dated 11/08/2021 in WP No.4219/2018 filed by Smt.Yogital Nikam Vs. State

of Maharashtra and others and WP No.163/2020 filed by Sachin Suryawanshi

khs/Sept. 2021/3995

Vs. The State of Maharashtra and others.

4. In view of the above, this petition is partly allowed. The impugned

order dated 12/04/2019 passed by respondent No.2 refusing approval to the

appointment of the petitioner, is quashed and set aside. The proposal

tendered by the Management, seeking approval to the petitioner's

appointment, shall stand restored to the file of respondent No.2.

5. We direct the said Education Officer to study the judgment dated

11/08/2021 and since we have held that such ban or pendency of staffing

pattern would not apply to compassionate appointment, he shall proceed to

pass an order on the proposal for approval, on or before 30/09/2021.

     ( S.G. MEHARE, J. )                 ( RAVINDRA V. GHUGE, J. )




khs/Sept. 2021/3995