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Bombay High Court

Sunil Anand Bhise vs The Joint Director Of Higher Education ... on 3 March, 2023

Author: Neela Gokhale

Bench: G.S. Patel, Neela Gokhale

                                                                     901-ASWP-15274-2022.DOC




                      Ashwini



                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                      WRIT PETITION NO. 15274 OF 2022


                      Sunil Anand Bhise                                          ...Petitioner
                            Versus
                      The Joint Director of Higher Education Pune               ...Respondent
                      Division


                      Mr Saurabh Pakale, with Padmaja Malegaonkar, i/b SM Katkar, for
                           the Petitioner.
                      Mr VM Mali, AGP, for the Respondent.


                                              CORAM        G.S. Patel &
                                                           Neela Gokhale, JJ.

                                              DATED:       3rd March 2023
                      PC:-

1. The Petition prima facie indicates that the Petitioner was appointed as a junior clerk in 2014. He was even prior to that a laboratory assistant from 2003 onwards. The college in question, ASHWINI which is not joined as a respondent, sent a proposal to the Joint HULGOJI GAJAKOSH Director of Higher Education, presently the sole Respondent, for Digitally signed by ASHWINI HULGOJI GAJAKOSH Date: 2023.03.06 approval of his appointment as a junior clerk on 12th August 2014.

The Respondent seems to have done nothing till 13th September 2022. There is now a stand taken that the Petitioner's appointment was irregular and therefore a recovery is sought against him, and it is also proposed to withhold or stop further salary payments.

3rd March 2023 901-ASWP-15274-2022.DOC

2. Undoubtedly, Mr Mali requires time to take instructions on behalf of the Respondent. But in the meantime, there will no coercive steps taken against the Petitioner for recovery. His salary is not to be withheld.

3. Any salary that is paid from today onwards is subject to the outcome of this Writ Petition. The Petitioner is put to notice that if the Petition fails, he may be required to repay the salary received after today or may be subjected to recovery.

4. We allow also an amendment to correct typographical errors. We direct that the Trust and the Institute in question be joined as Respondents Nos. 2 and 3 to the Petition. The present sole Respondent is to be renumbered in the array as Respondent No. 1. Mr Mali waives service for Respondent No.1. To the newly added Respondents, service through Court is necessary. In addition to service through Court, private service including by courier or email is permitted.

5. Amendments are to be carried out by 8th March 2023 without need of reverification. A copy of the amended Petition is to be served on Mr Mali for the 1st Respondent and on the newly added Respondents Nos. 2 and 3.

6. All Affidavits in Reply are to be filed and served on or before 24th March 2023. No Rejoinder is permitted without the leave of the Court.

3rd March 2023 901-ASWP-15274-2022.DOC

7. List the matter on 31st March 2023.

(Neela Gokhale, J)                               (G. S. Patel, J)




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                         3rd March 2023