Shri. Prashant Abhaykumar ... vs The State Of Maharashtra Thru The ...
2022 Latest Caselaw 7857 Bom

                          Basavraj                                               8.WP.9396.2022.doc




BASAVRAJ                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GURAPPA                                     CIVIL APPELLATE JURISDICTION
PATIL                                       WRIT PETITION NO.9396 OF 2022
Digitally signed by
BASAVRAJ GURAPPA
PATIL                 Prashant Abhaykumar Limbikai                     ....    Petitioner
Date: 2022.08.12
12:48:58 +0530
                           Versus

                      State of Maharashtra & Ors.                      ....    Respondents

                      Mr. Satyajeet Rajeshirke for the Petitioner
                      Mr. S. B. Kalel, AGP for the State
                      Mr. Shrishail Sakhare for Respondent Nos.1 and 5

                                                      CORAM : S. V. GANGAPURWALA &
                                                              MADHAV J. JAMDAR, JJ.

                                                      DATE     : 11TH AUGUST, 2022

                      P.C. :

                      1         The proposal seeking approval to the appointment of the

Petitioner is rejected. The Petitioner claims to have been appointed

on CHB on 1st August 2013 then upgraded as a part time teacher on

1st May 2016 and thereafter as a full time teacher on 16 th December

2018.

2 The proposal seeking approval to the upgradation as a full time

Assistant Teacher relying upon the Government Resolution dated

23rd June 2017 is rejected.

3 We have heard the learned Counsel for the Petitioner and the

learned AGP.

     Basavraj                                             8.WP.9396.2022.doc




4         It is contended that the procedure of appointment through

pavitra pranali would not be applicable for upgradation of the post

from part time teacher to the full time teacher relying upon the

Division Bench judgment of this Court in Writ Petition No.10516 of

2018 along with connected Writ Petition dated 9th July 2021.

5 In light of the above, the impugned order is quashed and set

aside.

6 The Dy. Director of Education shall reconsider the proposal

seeking approval to the appointment of the Petitioner as a full time

Assistant Teacher on its own merits, of course, he has to consider all

the relevant aspects of the matter such as, qualification, roster,

seniority and availability of the post and other aspects, however,

shall not reject the same on the ground that the appointment was

not through pavitra pranali. Same shall be decided afresh,

preferably within six months.

7 The Writ Petition is disposed of. No costs.

MADHAV J. JAMDAR, J. S. V. GANGAPURWALA, J.