Bombay High Court
Rupesh S/O Suryabhan Bhave vs State Of Maharashtra, Thr. ... on 3 October, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
1 48.wp.2443.23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 2443/2023
Rupesh s/o. Suryabhan Bhave Vs. State of Maharashtra and Ors.
.................................................................................................................................. .
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
or directions and Registrar's orders
...................................................................................................................................................
Mr. I. N. Choudhari, Advocate for Petitioner.
Mr. A. S. Fulzele, Additional Government Pleader for Respondent Nos.1
and 2.
Mr. S.P. Deshpande, Advocate for Respondent Nos.3 and 4.
CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI,JJ..
DATED : 03.10.2023
. We have heard the learned Counsel for the
parties for some time.
2. Undisputedly, the services of the petitioner who
was appointed on the post of Peon had been terminated on
27.08.2004. The School Tribunal allowed the appeal
preferred by the petitioner on 21.03.2009 and directed his
reinstatement with full back wages and continuity in service.
This order was however partly modified in Writ Petition
No.3057/2010 by setting aside the direction to pay back
wages. Thus, in effect, the order of reinstatement passed by
the School Tribunal has attained finality. It is pertinent to
note that the Education Officer (Secondary) was also a party
to the appeal filed before the School Tribunal. On his behalf
reply was filed and its stand was placed on record. Same is
referred to in paragraph 12 of the judgment of the School
Tribunal. As a result of aforesaid adjudication, the order of
reinstatement with continuity in service has attained finality.
3. The approval to the appointment of the
2 48.wp.2443.23.odt
petitioner has been rejected on various counts indicated in
the impugned order dated 27.09.2022. The petitioner has
thereafter made a fresh representation dated 21.10.2022
addressed to the Education Officer (Secondary). In the reply
filed by the Education Officer (Secondary), it has been stated
that it will be necessary for the Headmaster and
Management to remove any deficiencies if found in the
proposal.
4. We find that the petitioner's representation
dated 21.10.2022 is required to be considered by the
Education Officer (Secondary) keeping in mind the aspect
that the order of reinstatement passed in favour of the
petitioner has attained finality.
5. Accordingly, it is directed that the Education
Officer (Secondary) shall hear the petitioner as well as the
Headmaster and the Management and take a decision on the
petitioner's representation dated 21.10.2022.
6. The said parties shall appear before the
Education Officer (Secondary) on 09.10.2023.
7. All necessary documents shall be placed before
the said Authority for consideration. Within a period of
three weeks from that date a decision be taken on the
aforesaid proposal.
8. Stand over four weeks.
(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)
RGurnule
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 04/10/2023 15:05:56
