PANDURANG BALBHIM GHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the respective parties.

(2.) This writ petition is fled with following prayer:-

(3.) It is the case of the Petitioner that Respondent No. 3 and 4 issued an advertisement for the appointment of Assistant Teacher in the year 2010. Pursuant to said advertisement the Petitioner applied and was successful in interview and was selected as Assistant Teacher. On 7th September 2010 the appointment letter was issued to the Petitioner. He immediately joined Respondent No. 4-School as Assistant Teacher. The Petitioner gave joining report to the Respondent No. 4-School. The appointment of the Petitioner was on clear vacant and sanctioned post and in due adherence to the mandate of Section 5 of The Maharashtra Employees of Private Schools (Condition of Service) Regulation Act, 1977 (hereinafter referred to as 'the said Act'). At the time of appointment of the Petitioner Respondent No. 4-School was running on 80% grant and the Petitioner was appointed as Assistant Teacher and posted in place of one Mr. Koli who was promoted on 100% grant in aid post. The School Committee passed resolution and sent the proposal of the Petitioner for approval on 29.11.2010. On said proposal dated 29.11.2010, the Education Offcer has given his approval on 21.04.2012 to the appointment of the Petitioner for initial two years on probation. It is the case of the Petitioner that the petitioner is working very sincerely and honestly and has completed two years probationary period satisfactorily. He has acquired status of regular/permanent employee as contemplated under sub section 2 of section 5 of the said Act. After joining the service the management submitted his salary bill to the pay unit. The pay unit has given only two months salary and thereafter, no salary was given to the Petitioner.