Bombay High Court
Ajay Nagavkar vs Joint Director Vocational Education ... on 28 January, 2021
Author: M.S.Karnik
Bench: M.S.Karnik
38.wp.11812-19 & ors.doc
Bhogale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11812 OF 2019
Ajay Nagavkar .. Petitioner
vs.
Joint Director of Vocational Education & ors. .. Respondents
WITH
WRIT PETITION NO. 11813 OF 2019
Ajit More .. Petitioner
vs.
Joint Director of Vocational Education & ors. .. Respondents
WITH
WRIT PETITION NO. 11814 OF 2019
Vijaya Konar .. Petitioner
vs.
Joint Director of Vocational Education & ors. .. Respondents
WITH
WRIT PETITION NO. 11815 OF 2019
Regina R. Lopes .. Petitioner
vs.
Joint Director of Vocational Education & ors. .. Respondents
WITH
WRIT PETITION NO. 11816 OF 2019
Treesa Joseph .. Petitioner
vs.
Joint Director of Vocational Education & ors. .. Respondents
1/4
38.wp.11812-19 & ors.doc
WITH
WRIT PETITION NO. 11817 OF 2019
Ankush Dawat .. Petitioner
vs.
Joint Director of Vocational Education & ors. .. Respondents
WITH
WRIT PETITION NO. 11818 OF 2019
Sabino Lopes .. Petitioner
vs.
Joint Director of Vocational Education & ors. .. Respondents
WITH
WRIT PETITION NO. 11819 OF 2019
Shyla Samuel .. Petitioner
vs.
Joint Director of Vocational Education & ors. .. Respondents
------------------------
Mr. Mihir Desai, Senior Advocate I/b. Mr. Chetan Mali for the
Petitioners.
Mrs. M.S. Bane, AGP, Mrs. V.S. Nimbalkar, AGP, Mr. S.H. Kankal,
AGP, Mr. S.D. Rayrikar, AGP, Mr. P.V. Nelson Rajan, AGP and
Mr. S.L. Babar, AGP for the State.
------------------------
CORAM : M.S.KARNIK, J.
DATE : JANUARY 28, 2021 P.C.:-
Heard learned Senior Advocate for the Petitioners and learned AGP for the Respondent Nos.1, 4 and 5. 2/4
38.wp.11812-19 & ors.doc
2. It is the contention of learned Senior Advocate that the Petitioners were appointed in between 2004-2005 pursuant to an advertisement. The Petitioners' appointment as an Assistant Lecturer was approved on various dates mentioned in the chart. By the impugned orders dated 02.11.2019 the approval granted to the Petitioners is cancelled.
Sr. Name of Writ Petition Qualification Date of Date of Date of
No. Petitioner No. of Petitioner Appointme Approval Impugned
nt order
1 Ajay Nagavkar 11812 of 2019 D.M.E. with 1st March 9th May 2nd November
more than 3 2005 2005 2019
years' (pg.36) (pg.78)
experience
(pg.30)
2 Ajit More 11813 of 2019 B.Sc., B.Ed. 1st March 25th July 2nd November
(pg.28) 2005 2006 2019
(pg.31) (pg. 33) (pg.82)
3 Vijaya Konar 11814 of 2019 B.A., B.Ed. 14th June 24th 2nd November
(pg.29) 2004 December 2019
(pg.31) 2004 (pg.76)
(pg.32)
4 Regina R. Lopes 11815 of 2019 H.S.C., D.Ed. 23rd June 24th 2nd November
(pg.29) 2004 December 2019
(pg.31) 2004 (pg.78)
(pg.32)
5 Treesa Joseph 11816 of 2019 B.A., B.Ed., 6th July 2004 24th 2nd November
(pg.29) (pg.31) December 2019
2004 (pg.76)
(pg.32)
6 Ankush Dawat 11817 of 2019 A.T.D., 13th July 24th 2nd November
A.T.D.M.A. 2004 December 2019
(pg. 29) (pg.31) 2004 (pg.80)
(pg.32)
7 Sabino Lopes 11818 of 2019 D.M.E. with 25th July 19th July 2nd November
more than 3 2005 2006 2019
years of (pg.32) (pg.33) (pg.74)
experience
(pg.29)
8 Shyla Samuel 11819 of 2019 B.A., B.Ed. 14th June 24th 2nd November
(pg.29) 2004 December 2019
(pg.31) 2004 (pg.78)
(pg.32)
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38.wp.11812-19 & ors.doc
3. I have gone through the impugned orders and reply fled by the Respondents.
4. Arguable questions are raised. Hence, Rule. Learned AGP waives service of Rule on behalf of Respondent Nos.1, 4 and 5.
5. Considering that the approval orders in respect of the Petitioners are made far back in the year 2004-2005 and that the Petitioners have continued in service since then which order of approval is sought to be cancelled by the impugned order dated 02.11.2019, pending hearing and fnal disposal of the present Petitions, the impugned orders shall remain stayed. It is made clear that as there was an approval already in existence since the date of initial appointment of the Petitioners, the Petitioners be paid wages as per the approval earlier granted.
6. Rule is made returnable after 12 weeks.
(M.S.KARNIK, J.) Digitally signed by Diksha Diksha Rane Rane Date:
2021.01.29 17:46:44 +0530 4/4