Bombay High Court
Rekha Wd/O Milind Palaspagar (Rekha D/O ... vs State Of Maharashtra, Sports And ... on 6 August, 2024
Author: Vinay Joshi
Bench: Vinay Joshi, M.W. Chandwani
2024:BHC-NAG:8621-DB
1 01.wp.7129.2023 J..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.7129 OF 2023
Rekha wd/o Milind Palaspagar (Rekha
d/o Ukaji Bansode), aged 45 years,
Occupation Service, C/o B.S. Ingle,
Gopal Nagar, Paratwada, District
Amravati.
... PETITIONER
VERSUS
1. State of Maharashtra, Sports &
Education Department, Mantralaya,
Mumbai, through its Secretary.
2. Deputy Director of Education,
Amravati Division, Amravati.
3. Education Officer (Secondary), Zilla
Parishad, Amravati.
4. Ideal Education Society, Paratwada,
Dist. Amravati, through its Secretary.
5. IES Girls Secondary and Higher
Secondary School, Achalpur, Dist.
Amravati, through its Headmaster.
6. Janta Shikshan Sanstha, Chausala,
Tq. Anjangaon-Surji, Dist. Amravati,
through its Secretary.
7. Shevantabai Kalmegh Vidyalaya,
Chausala, Tahsil Anjangaon Surji,
Dist. Amravati, through its
Headmaster.
... RESPONDENTS
2 01.wp.7129.2023 J..odt
_____________________________________________________________
Shri H.A. Deshpande, Advocate for the petitioner.
Shri A.S. Fulzele, Additional Government Pleader for respondent
nos. 1 to 3.
Shri S.V. Purohit, Advocate for respondent nos. 4 and 5.
______________________________________________________________
CORAM : VINAY JOSHI AND M.W. CHANDWANI, JJ.
DATED : 06 .08.2024.
JUDGMENT :
(Per : Vinay Joshi, J.)
Heard. RULE. Rule made returnable forthwith. The matter
is taken up for final disposal by consent of the parties.
2. The petitioner was appointed on compassionate ground as a
peon with effect from 01.01.2013 vide appointment order dated
27.04.2013. The Education Officer granted approval to the services of
the petitioner on probation for the period of three years as a
Peon/Sevak. The appointment on the post of Sevak was in terms of
Government Resolution (GR) dated 12.07.2004, for non-teaching
employees on the honorarium basis. The petitioner's appointment was
on clear permanent vacancy on probation for the period of three years.
The petitioner actually worked on said post from 01.01.2013 to
02.04.2019.
3 01.wp.7129.2023 J..odt
3. The Government Resolution dated 25.11.2005 issued
revised norms for sanctioning non-teaching posts. However, due to
various objections, the Government has stayed its implementation and
set up a Committee to examine the issue. On the basis of
recommendation, the Government has issued revised norms vide GR
dated 23.10.2013 for sanctioning the non-teaching posts. However,
again its implementation was stayed. In the circumstances, the norms
have been finalized by issuing GR dated 28.01.2019 and 07.03.2019.
4. It is the petitioner's contention that staff approval for
Academic Session 2013-14 was belatedly issued in which there was
reduction of one post of peon with a rider that not to act on the basis of
increase or decrease in the number of non-teaching posts. It is
contended that, in ignorance of said note, the Pay Unit has withheld the
salary of the petitioner. The record indicates that from the Academic
Sessions of 2014-15 to 2018-19, the staff approval is silent about non-
teaching posts since revised norms were not finalized.
5. In the meantime, there were various complaints against the
Education Officer alleging that he has wrongly granted approvals on
which inquiry was conducted. In said inquiry, 59 appointments have
been approved, which includes the petitioner. The Education Officer
4 01.wp.7129.2023 J..odt
sought guidance on which the Deputy Director informed that the
petitioner's appointment is appropriate. The Education Officer has
declared the petitioner surplus and she has been accommodate
elsewhere. However vide impugned order dated 02.04.2019, the
approval was granted from 27.04.2013 to 31.10.2014 and then from
04.04.2019 to 30.09.2020. It is the petitioner's contention that due to
mistake of the Education Officer services rendered by her in between
period, were not considered. The petitioner is aggrieved by the first
impugned order dated 02.04.2019 by which the Education Officer
ordered that the petitioner has completed one year six months and four
days of service as a Sevak indicating that the petitioner has to complete
the remaining period. It was followed by subsequent impugned order
dated 03.12.2020 approving the services from 27.04.2013 to
31.10.2014 and then from 04.04.2019 to 30.09.2020.
6. It is apparent that though the petitioner has served during
said period however her services were ignored. The petitioner has
attracted our attention to various approvals and note mentioned in
communication dated 07.05.2019 stating that, even if, there is increase
or decrease in post, no action shall be taken. The said note also reflects
in the staffing pattern of the year 2013-14. Thus, it is evident that, by
ignoring the directions, petitioner's services were not counted resulting
5 01.wp.7129.2023 J..odt
into non-payment of salary.
7. In view of the above, by allowing the writ petition we
hereby quash and set aside both impugned communications dated
02.04.2019 and 03.12.2020. We direct the respondent no.3 to grant
approval to the petitioner's post, by counting her continuous service
and accord her all consequential benefits. The said exercise shall be
completed within eight weeks from the date of communication of this
order.
8. The Petition stands disposed of accordingly. Rule is made
absolute. No costs.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Trupti
Signed by: Trupti D. Agrawal
Designation: PA To Honourable Judge
Date: 07/08/2024 11:06:27
