Bombay High Court
Panjab Sakharam Datkar vs State Of Maharashtra, Thr. Secretary, ... on 9 January, 2024
Author: Anil L. Pansare
Bench: Avinash G. Gharote, Anil L. Pansare
2024:BHC-NAG:402-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 443 OF 2023
Panjab Sakharam Datkar
Age 53 Years, Occupation - Service;
R/o P. O. Amboda, Tahsil Mahagaon;
District Yavatmal, Maharashtra 445205 ... PETITIONER
VERSUS
1. State of Maharashtra
Through its Secretary,
Department of School Education,
Mantralaya, Mumbai - 32.
2. The Director of Secondary and Higher
Secondary Education, State of
Maharashtra, Central Building, Pune-1.
3. The Deputy Director of Education
Amravati Division, Amravati.
4. The Education Officer (Secondary),
Zilla Parishad, Yevatmal, Tahsil and
District Yavatmal.
5. Shri Shivaji Shikshan Sanstha, Pusad
District Yavatmal, through its Secretary
Pusad, District Yavatmal.
6. Shri Shivaji Secondary & Higher
Secondary School, Pusad, Through its
Head Master, Pusad, Tahsil Pusad,
District Yavatmal. ... RESPONDENTS
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Mr. A. B. Tikle, Advocate for Petitioner.
Ms. S. S. Jachak, AGP for Respondent Nos.1 to 4.
Mr. A. I. Sheikh, Advocate for Respondent Nos.5 & 6.
CORAM : AVINASH G. GHAROTE AND
ANIL L. PANSARE, JJ.
DATE : JANUARY 09, 2024.
ORAL JUDGMENT - [PER ANIL L. PANSARE, J.]
. Heard. Rule. Rule made returnable forthwith. By consent of the
learned Counsel for both the sides, matter is taken up for final hearing at
admission stage.
2. By the present Writ Petition, the Petitioner is seeking writ of
mandamus against the Respondent Nos.1 to 4 - The State of Maharashtra and
others to grant upgradation to the Petitioner as full time Librarian in terms of
the Government Resolution dated 28/6/1994.
3. Having heard both sides, it appears that the issue involved has
been answered in various Judgments/orders passed by this Court, viz - order
dated 28/1/2015 in Writ Petition No. 6630/2013 along with two other Writ
Petitions, order dated 18/3/2015 in Writ Petition No. 1154/2015 and order
dated 8/1/2018 in Writ Petition No. 5920/2017.
4. The respective Petitioners in the aforesaid Writ Petitions have
sought the relief of upgradation of the post of part time Librarian to full time
Librarian in terms of the Government Resolution dated 28/6/1994. The Court,
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having considered the facts which are identical to the present case, have held
the respective Petitioners entitled for upgradation to the post of full time
Librarian.
5. Hence, for the aforesaid reasons and the reasons recorded in the
Judgments referred to hereinabove, this Writ Petition is partly allowed. We
direct the Respondents to examine the entitlement of the Petitioner for
upgradation of his post, after ascertaining the facts in the case of the
Petitioner. The Respondents shall examine the record to find out the relevant
date on which the number of students exceeded 1000 and pass appropriate
order, if the claim of the Petitioner is sustainable. Needless to mention that if
the claim is sustainable, the pay of the Petitioner should be notionally fixed for
the purpose of calculating the pensionary benefits in accordance with the
Rules.
6. Rule is made absolute in above terms. No costs.
[ANIL L. PANSARE, J.] [AVINASH G. GHAROTE, J.]
vijaya
Signed by: Mrs. V.G. Yadav
Designation: PA To Honourable Judge
Date: 11/01/2024 19:53:16
