Bombay High Court
Anil Parasram Shende vs The State Of Maharashtra, Through Its ... on 9 December, 2019
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, Rohit B. Deo
1 wp1994o f2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 1994 OF 2018
Anil Parasram Shende,
aged 49 yrs, Occ. Service,
r/o. Near Police Station, Amgaon,
Tal. Amgaon,Dist. Gondia ...PETITIONER
...V E R S U S...
1 The State of Maharashtra,
through its Secretary, Dept. of School
Education, Mantralaya, Mumbai-32
2 The Director of Secretary and
Higher Secondary Education, State
of Maharashtra, Central Building,
Pune-1
3 The Dy.Director of Education,
Nagpur Division, Nagpur
4 The Education Officer (Secondary),
Zilla Parishad, Gondia
5 Adarsha Vidyalaya & Junior College
Amgaon, through its Head Master,
Amgaon, Tal. Amgaon, Dist. Gondia. ...RESPONDENTS
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Mr. B.G. Kulkarni, Advocate for petitioner.
Mr. D.P. Thakare, Addl. GP for respondent Nos. 1 to 4.
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CORAM: SUNIL B. SHUKRE, &
ROHIT B. DEO, JJ.
DATE:09.12.2019.
Oral Judgment :(Per : Sunil B. Shukre, J.) ::: Uploaded on - 12/12/2019 ::: Downloaded on - 25/04/2020 21:30:28 ::: 2 wp1994o f2018 Heard. Rule. Heard finally by consent.
2 Petitioner is seeking his up-gradation to the post of Full Time Librarian from the post of Part Time Librarian effective from the date mentioned in the chart at Annexure-A. 3 In Writ Petition No.1154 of 2015, similar issue was involved and while disposing of the petition, this Court directed that the claim of the petitioners therein be considered, after verification of the facts applicable to them and an appropriate decision be taken, which would include grant of status as Full Time Librarian to those petitioners, if they were found to be eligible for the same. According to us, this petition can also be disposed of on similar lines, since, the petitioner's claim been that he is a similarly situated librarian.
4 In view of above, we direct the respondents to consider the claim of the petitioner regarding grant of status to him as Full Time Librarian from the date mentioned in Annexure - A and also subject to verification of the students strength in the petitioner's school, within three months from the date of the order. 5 If the petitioner is found eligible for such status as ::: Uploaded on - 12/12/2019 ::: Downloaded on - 25/04/2020 21:30:28 ::: 3 wp1994o f2018 Full time Librarian, same shall be conferred upon him and his pay would be notionally fixed and he would be then entitled for time bound promotion and also pensionery benefits, in accordance with the Rules. However, the petitioner as already given up the claim as regards arrears of salary, he would not be entitled to receive benefit of arrears of salary.
6 Rule accordingly. No costs.
JUDGE JUDGE
Belkhede
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