PRAKASH BHAURAO PARMESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present petition, filed under Article 226 of the Constitution of India, the petitioner prayed that the impugned order dated 1.9.2009, passed by the Appellate Authority and Education Officer (Primary), Zilla Parishad, Aurangabad, dismissing the appeal of the petitioner herein Exh. 'G' be quashed and set aside.

(2.) The petitioner herein was appointed as a Junior Clerk in the school of respondent no.4 Society by order dated 19.6.11991, and subsequently, his appointment was approved and came to be confirmed by respondent no.4 Society. Respondent no.1 is the State of Maharashtra. Respondent no.2 is the Director of Education (Primary). Respondent no.3 is the Education Officer (Primary) and Respondent no.4 is Unnati Shikshan Sanstha i.e. Society, which runs the school, namely Dnyanesh Vidya Mandir (Secondary School) I.e. Respondent no.5; and respondent no.6, namely Shailendra Bhimsen Vitore came to be appointed in the said school in the year 1993.

(3.) It is the contention of the petitioner that respondent no.4 Society was running Schools consisting of Primary (1st to 7th standards) and Secondary (8th to 10th standards) Sections in the same premises. Considering the strength of students and number of divisions, there were two posts of Clerk and three posts of Peon, which were sanctioned by the Authorities of respondent nos. 1 and 2. No separate nonteaching staff was sanctioned to respondent no.5 School i.e. Secondary Sections (8th to 10th standards) of Dnyanesh Vidya Mandir.