Nilkamal Natthu Chavhan vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 645 Bom

WP 3350-19                                      1                     Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                      NAGPUR BENCH, NAGPUR.
                     WRIT PETITION NO. 3350/2019
Nilkamal Natthu Chavhan,
Aged 32 years, Occupation: Service,
New Sonkhas, Bypass Road at Post Mangrulpir,
Tahsil Mangrulpir - 444 403 District Washim.                       PETITIONER
                                 .....VERSUS.....
1.     The State of Maharashtra,
       Through the Secretary,
       School Education Department,
       Mantralaya, Mumbai-32.
2.     The Deputy Director of Education,
       Amravati Division, Amravati.
3.     Bhagwant Shikshan Sanstha, Manoli,
       Through its President Manoli - 444 409
       Tahsil Mangrulpir, District Washim.
4.     Bhagwantrao Mahakal Junior College, Manoli,
       Through Its Principal, Manoli - 444 409,
       Tahsil Mangrulpir, District Washim.                      RESPONDENT S

                    Shri R.A. Haque, counsel for the petitioner.
     Ms H.N. Jaipurkar, Assistant Government Pleader for the respondent nos.1
                                      and 2.
              Shri Z.Z. Haq, counsel for the respondent nos.3 and 4.

CORAM : A. S. CHANDURKAR AND SMT. PUSHPA V. GANEDIWALA, JJ.

DATE       : 18TH JANUARY, 2022.
ORAL JUDGMENT            (PER : A.S. CHANDURKAR, J.)

RULE. Rule made returnable forthwith and heard the learned

counsel for the parties.

2. The prayer made in this writ petition is for a direction to be

issued to the respondent nos.1 and 2 to approve the appointment of the

petitioner as Assistant Teacher.

WP 3350-19 2 Judgment

3. According to the petitioner, pursuant to permission being

granted for filling vacant post of Assistant Teacher at the respondent

no.3-School an advertisement was issued pursuant to which the petitioner

was duly selected and appointed on the post of Shikshan Sevak. Initial

order of appointment is dated 26.06.2015 for a period of three years.

The grievance of the petitioner is that despite such appointment and

despite the fact that the Management had submitted a proposal seeking

approval to his appointment, no decision has been taken by the

respondent no.2.

4. In the reply filed by the respondent no.2 it has been stated

that on 29.06.2018 and 27.08.2018 the Management merely submitted a

letter seeking grant of approval to the appointment of the petitioner.

Since relevant documents were not submitted alongwith the said letter,

approval could not be granted.

5. Considering the aforesaid, the interests of justice would be

served by directing the respondent nos.3 and 4 to submit a fresh proposal

seeking grant of approval to the petitioner's appointment within a period

of four weeks from today. The Deputy Director of Education, Amravati

Division, Amravati shall thereafter within a period of four weeks from the

receipt of such proposal take a decision thereon. The decision taken on WP 3350-19 3 Judgment

the proposal for grant of approval be communicated to the petitioner as

well as the respondent no.4. In the meanwhile it is open for the

petitioner to seek his regular salary from the respondent nos.3 and 4 who

are at a liberty to seek reimbursement thereafter in case the appointment

of the petitioner is approved.

6. With these directions, the writ petition is disposed of. Rule

accordingly. No costs.

(SMT. PUSHPA V. GANEDIWALA, J.) (A.S. CHANDURKAR, J.)

APTE

Signed By: Digitally signed byROHIT DATTATRAYA APTE Signing Date:19.01.2022 11:37