Allowed

Sambhaji Bhanudas Surve v. the State of Maharashtra and Others

Bombay HC7 Aug 2017WP/5017/2016

Case brief

AI extract

What is this about?

The petition challenged the rejection of approval for the petitioner's appointment as Junior Clerk on the ground that reserved posts were not filled. The court held that since the roster was examined only after appointment and no reservation was in place then, the rejection was unsustainable.

What did the court decide?

The impugned order was quashed; respondent no.2 directed to grant approval to petitioner's appointment as Junior Clerk from the date of appointment with consequential benefits.

Sambhaji Bhanudas Surve Vs the State of… — Pension and Retirement Benefits | Bombay HC (2017)

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.5017 OF 2016

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Sambhaji s/o Bhanudas Surve, Age : 35 years, Occu. Service, R/o Jawale Kadlag, Tq. Sangamner, Dist. Ahmednagar ..PETITIONER

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VERSUS

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The State of Maharashtra, Through the Principal Secretary to School Education Department, Mantralaya, Mumbai – 32

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Education Officer (Secondary), Zilla Parishad, Ahmednagar

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Maharashtra Shikshan Sanstha, NimgaonJali, A/P Nimgaon Jali, Tq. Sangamner, Dist. Ahmednagar, through its President/Secretary ..RESPONDENTS

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Mr S.T. Shelke, Advocate for petitioner; Mrs V.N. Patil-Jadhav, AGP for respondents no.1 & 2; Mr S.S. Wagh, Advocate for respondent no.3

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CORAM : SHANTANU S. KEMKAR & N.W. SAMBRE, JJ.

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DATE : 7^th August, 2017

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P.C.

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Feeling aggrieved by the order dated 2^nd February, 2015, passed by respondent no.2 rejecting the proposal submitted by respondent no.3 for grant of approval to the petitioner's appointment on the post of Junior Clerk, the petitioner has filed this petition.

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(2)

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According to the petitioner, his appointment was made on 28^th February, 2010 (Exh.B) after the approval granted on 16^th February, 2009 for advertising the vacancy by respondent no.2. The grievance of the petitioner is that the impugned rejection of the approval on the ground that the reserved posts were not filled up is unsustainable in view of the fact that when the petitioner was appointed there was no reservation of post and the roster point was examined and also certified only on 29^th June, 2011.

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Respondent no.3 has filed reply and given an undertaking to the effect that as the roster has been examined only on 20^th June, 2011, they will fill up the posts reserved for Scheduled Castes and Scheduled Tribes, after the ban for making fresh appointment is removed.

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In view of the aforesaid stand being taken by the third respondent and having regard to the fact that the question involved in this petition has already been decided by various Division Benches including in the case of Namita Narayan Jha vs. Education Officer (Secondary), Zilla Parishad, Gondia & ors ., reported in 2014 (3) Mh.L.J. 680 , we are of the view that the impugned order cannot be sustained and the same deserves to be and is hereby quashed.

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As a result, the respondent no.2 is directed to grant approval to the petitioner's appointment as Junior Clerk from the date of appointment. Consequential benefits, as may be permissible, be also extended in favour

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(3)

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of the petitioner. Let this order be complied with within two months. The management is also directed to take necessary follow up action immediately.

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With the aforesaid directions, petition is disposed of.

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(N.W. SAMBRE, J.) (SHANTANU S. KEMKAR, J.)

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amj

Sambhaji Bhanudas Surve v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sambhaji Bhanudas Surve v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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