Allowed

Sanjay Parashuram Ghorpade v. the State of Maharashtra Thru the Secretary, School Eud. Dept. and Sports Dept. and Ors.

Bombay HC12 Mar 2020WP/2320/2020

Case brief

AI extract

What is this about?

In this writ petition, the Bombay High Court allowed the petitioner's claim for backdated regular teacher approval. The court quashed the approval date rejected by the Education Officer but directed respondents to verify the vacancy roaster and decide the claim for dates from 15th June 2011 within two months.

What did the court decide?

Petitioner entitled to resubmit claim for approval from 15th June 2011 upon verification of vacancy roaster; order dated 15.05.2015 rejected for earlier date quashed.

Sanjay Parashuram Ghorpade Vs the State of… — Pension and Retirement Benefits | Bombay HC (2020)

¶1

wp-2320/20.

¶2

Digitally signed by Sachin Sachin R. Patil R. Date: Patil 2020.03.16 17:44:45+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

WRIT PETITION NO. 2320 OF 2020

¶4

Sanjay Parashuram Ghorpade. ..Petitioner. Versus State of Maharashtra & Others. ..Respondents.

¶5

Mr. Prashant Bhavake for the Petitioner. Mr. P. G. Sawant, AGP for Respondent No. 1 to 4.

¶6

Coram : R. K. DESHPANDE, & PRITHVIRAJ K. CHAVAN, JJ. Date : March 12, 2020 .

¶7

P. C. :

¶8

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the respective parties.

¶9

The Petitioner was appointed as an assistant teacher on part time basis from 16^th June 1997 and thereafter he was appointed on regular basis as full time teacher from 15^th June 2011. The approval was granted by the Education OfÏcer on 15^th May 2015. However, it is with effect from 11^th June 2014. The claim of the Petitioner is that approval should have been granted from the date of appointment, i.e., 15^th June 2011.

¶10

Notice was issued to the Respondents. Respondent Nos.1 to 4 have filed reply in which the stand is taken that there was no vacancy for the open category candidate and the appointment of the Petitioner was from the open category and was then excess.

1 / 2

patilsr

wp-2320/20.

Our attention is invited to the roaster at page no. 109 to point out that there was a post for open category lying vacant on the date when the Petitioner was appointed. This aspect has not been considered by the Respondents. It is further stand of the Respondents that representation dated 7^th April 2018 made by the management is still pending with the Deputy Director of Education. The same needs to be decided in accordance with law.

¶15

In the result, writ petition is allowed . The order dated 15^th May 2015 to the extent it rejects the claim of the Petitioner for grant of approval with effect from 15^th June 2011 is hereby quashed and set aside. The approval granted from 11^th June 2014 is maintained. However, the Respondents are directed to consider the claim of the Petitioner for grant of approval from 15^th June 2011 upon verification of the roaster furnished. This exercise be done within the period of two months from today.

¶16

Rule is made absolute in the aforestated terms.

¶17

[PRITHVIRAJ K. CHAVAN, J.] [R. K. DESHPANDE, J.]

¶18

2 / 2

¶19

patilsr

Sanjay Parashuram Ghorpade v. the State of Maharashtra Thru the Secretary, School Eud. Dept. and Sports Dept. and Ors.

Case brief

What is this about?

What did the court decide?

Sanjay Parashuram Ghorpade v. the State of Maharashtra Thru the Secretary, School Eud. Dept. and Sports Dept. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Rajashree Sangappa Jadhav Vs the State of Maharashtra and Ors.

Rajashree Sangappa Jadhav Vs the State of Maharashtra and Ors.

Shri. Nisar Ahmed Shaikh Vs the State of Maharashtra through the Secretary and Ors.

Samriddhi Tiwari and Ors. Vs Mithibai College Arts Science and Commerce and Ors.

Dongargaon Shikshan Prasarak Mandal through Its Secretary and Anr. Vs the State of Maharashtra through the Secretary and Ors.

Shree Shahu Marathi School, Tapowan and Anr. Vs Deputy Director of Primary Education Kolhapur Region and Anr.