Bombay High Court
Kishor Anatrao Sabale vs The State Of Maharashtra Through ... on 11 August, 2021
Bench: R.D. Dhanuka, R.I. Chagla
20-2-WPST-93327-20.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 93327 OF 2020
Shri Kishor Anantrao Sabale ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
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Mr. N.V. Bandiwadekar a/w Mr. Vinayak Kumbhar i/by Ms.
Ashwini N. Bandiwadekar for the Petitioner.
Mr. N.K. Rajpurohit, AGP for the Respondent Nos. 1 to 3.
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CORAM : R.D. DHANUKA &
R.I. CHAGLA, JJ.
DATE : 11 August 2021
ORDER :
1. Rule.
2. Learned AGP waives service for Respondent Nos. 1 to 3. No reliefs has been sought for against Respondent Nos. 4 and 5. Hence, at this stage, the names are deleted for the purpose of deciding this Petition.
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20-2-WPST-93327-20.doc
4. By this Petition fled under Article 226 of the Constitution of India, the Petitioner seeks an order and direction against Respondent No. 2 to grant approval to the appointment of the Petitioner on the compassionate basis in the aided school by Respondent No. 4-Management with effect from 1st June 2013 and to release the grant-in-aid for payment of salary in pay-scale from the date of appointment together with arrears.
5. Perusal of the correspondence annexed to the Petition indicates that the stand of Respondent Nos. 1 to 3 appears to be that in view of Government Resolution dated 28th January 2019 stating that since the staffng pattern is not decided or that in view of the Government Resolution dated 12th February 2015, imposing a ban upon fresh appointment, the approval to the appointment of the Petitioner cannot be granted.
6. By our judgment in Writ Petition No. 589 of 2021, this Court has held that if the appointment is made prior to the Government Resolution dated 28th January 2019 or 12th February 2015, the said Government Resolutions would not apply to the appointments made on compassionate basis. In our 2/4 ::: Uploaded on - 13/08/2021 ::: Downloaded on - 13/08/2021 21:23:13 ::: 20-2-WPST-93327-20.doc view, the stand taken by the Respondent Nos. 1 to 3 in the correspondence made are contrary to the law laid down by this Court. Hence, we pass the following order:-
(i) Respondent Nos. 1 to 3 shall accordingly, grant approval to the appointment of the Petitioner on compassionate basis in the aided school by Respondent No. 4-Management with effect from 1st June 2013 and to release the grant-in-aid for payment of salary in pay-scale from the date of appointment together with arrears.
(ii) Respondent Nos. 1 to 3 are directed to dispose of the said proposal within a period of four weeks after considering the position of law laid down of this Court in Writ Petition No. 589 of 2021.
(iii) It is further directed to release the grant-in-aid for payment of salary in pay-scale from the date of appointment, together with arrears within a period of six weeks thereafter.
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(iv) We hope that Respondent Nos. 1 to 3 would follow the law laid down of this Court and would not be party to increase further litigation.
(v) Respondent No. 2 shall insert the name of the Petitioner in Salarth Pranali within a period of one week from passing of the said order.
(vi) Writ Petition is disposed of in aforesaid terms.
(vii) Rule is made absolute.
(viii) Parties to act upon an authenticated copy of this order.
[R.I. CHAGLA J.] [R.D. DHANUKA, J.] 4/4 ::: Uploaded on - 13/08/2021 ::: Downloaded on - 13/08/2021 21:23:13 :::