A Bench set aside a stay order against a teacher's appointment approval despite an anomalous situation arising from the reinstatement of a terminated employee, declaring the petitioner surplus for absorption elsewhere.
Stay on approval set aside; petitioner declared surplus and ordered to be listed for absorption in vacant post.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(1) WP No.11283/2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD.
WRIT PETITION NO. 11283 OF 2017
Kanhailal Gulab Thakakre.
Petitioner.
Versus
State of Maharashtra and others.
Respondents.
Mr. U.R. Awate, Advocate for the petitioner. Mr. P.S. Patil, A.G.P. for the State/respondent Nos.1, 2 and 4. Mr. Rahul S. Pawar, Advocate for respondent No.3. Mr. N.E. Deshmukh, Advocate for respondent Nos.5, 6 & 7.
CORAM : S.V. GANGAPURWALA & SUNIL K. KOTWAL,JJ.
Dated : 10th August, 2018.
FINAL ORDER :-
. Mr. Aute, learned Counsel for the petitioner submits that
the petitioner was appointed in the year 2010 by following due selection process. Appointment of the petitioner was also approved.
Permanent approval was granted to the appointment of the petitioner. The petitioner was appointed as the post had become vacant on account of termination of one employee namely Nilkanth Chavan. Subsequently in the year 2013, respondent Nos.5 and 6
(2) WP No.11283/2017
compromised the matter with Mr. Nilkanth Chavanand reinstated him. Pursuant thereto the Education Officer stayed approval granted to the petitioner. Learned Counsel submits that the petitioner was appointed by following due selection process. He is permanent employee and approval could not have been stayed.
(3) WP No.11283/2017
surplus, so that he would be accommodated in a vacant post in any other Institution.
is set aside.
( SUNIL K. KOTWAL) ( S.V. GANGAPURWALA) JUDGE JUDGE
vdd/
2 issues framed by the court
Whether the stay order on the petitioner's appointment approval should be set aside.
Whether the petitioner should be declared surplus given the reinstatement of a previously vacant post.
Kanhailal Gulab Thakakre
State of Maharashtra
Mr. Nilkanth Chavan
Education Officer
Resd.Zilla Parishad
S.V. Gangapurwala
Sunil K. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
