Umesh Bansilal Shelar vs The State Of Maharashtra Through Its ...
2025 Latest Caselaw 156 Bom

Bombay High Court

Umesh Bansilal Shelar vs The State Of Maharashtra Through Its ... on 6 May, 2025

Author: R. G. Avachat

Bench: R. G. Avachat

2025:BHC-AUG:13700-DB
                                                    (1)
                                                                 W. P. No. 13843-2024.odt
                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  WRIT PETITION NO. 13843 OF 2024

                        Shri. Umeh S/o Bansilal Shelar,
                        Age : 47 Years, Occ. Service as Peon,
                        Adhar No 688310154555
                        R/o. Dusane,
                        Tq. Sakri, Dist.Dhule                       .. Petitioner

                             VERSUS

                1.      The State of Maharashtra,
                        Through its Secretary,
                        School Education Department,
                        Mantralaya, Mumbai-32
                        Through its Secretary.

                2.      The Deputy Director of Education,
                        Nashik Division, Nashik.

                3.      The Education Officer ( Secondary),
                        Zilla Parishad, Dhule.

                4.      Dusane Education Society, Dusane
                        Tq. Sakri, Dist. Dhule
                        Through its Secretary

                5.      Mahatma Jyotiba Fule Secondary School,
                        Dusane Tq. Sakri, Dist. Dhule
                        Through its Headmaster.                      ..Respondents

                                             .....
                        Advocate for the petitioner : Mr. Vilas S. Panpatte
                        AGP for Respondent/State : Mr. S. R. Yadav Lonikar
                        Advocate for Respondent Nos. 4 and 5 :Mr. Ashok B. Tele
                                             .....


                                    CORAM :       R. G. AVACHAT AND
                                                  SANDIPKUMAR C. MORE, JJ.

                                    DATED :       MAY 06 2025
                                    (2)
                                                    W. P. No. 13843-2024.odt
JUDGMENT (Per R. G. Avachat, J) :

-

Heard. Rule. Rule made returnable forthwith and with the

consent of learned counsel for the parties, taken up for final hearing.

2. The challenge in this Writ Petition is to the order dated

14.10.2024 passed by respondent No.3 - Education Officer

(Secondary), Zilla Parishad, Dhule, turning down the proposal for

grant of approval to the appointment of the petitioner on the post of

Peon. The grounds for refusal to grant the approval are that there was

ban for recruitment of teaching and non-teaching staff in view of the

Government Resolution dated 12.02.2015 and the resolution was

made applicable in view of Government Resolution dated 11.12.2020.

The post of class IV employees were directed to be filled up on

contractual basis in view of Government Resolution dated 11.12.2022.

3. None of the Government Resolutions relied on speaks for its

application with retrospective effect.

4. The appointment of the petitioner was w.e.f. 01.07.2013. The

management put up the proposal before the concerned Education

Officer for grant of approval to his appointment.

5. Time and again the management requested the Education

Officer to grant approval. Ultimately, the Education Officer turned

W. P. No. 13843-2024.odt down the same for the reasons given hereinabove.

6. Since the appointment of the petitioner was prior to the

Government Resolutions referred to in the order impugned herein,

those Government Resolutions could not be made applicable to his

appointment with retrospective effect. Similar was the view taken by

this Court in Writ Petition No. 8587/2019 decided on 10.07.2017,

Writ Petition No. 5241/2021 decided on 11.03.2022 and Writ Petition

No. 3175/2020, decided on 30.07.2021.

7. For all the aforesaid reasons, we allow the Writ Petition in terms

of prayer clauses (B) and (C). Rule made absolute accordingly.

  (SANDIPKUMAR C. MORE)                                 (R. G. AVACHAT )
       JUDGE                                                 JUDGE



Y.S. Kulkarni