SANGRAMSINH BHAUSAHEB GHULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of learned counsel for appearing parties, fnally heard.

(2.) The petitioner no.1 was appointed on the post of peon by petitioner no.2 society school management on 01-09-2005, which is stated to be made on clear and sanctioned post as per prescribed procedure. On the school having received 100% grant, second respondent Education Ofcer accorded approval to the appointment of frst petitioner as peon with efect from the said date. Petitioner no.1 was promoted to the post of junior clerk w.e.f. 13-02-2015 and is presently serving in the petitioner no.3 school run by petitioner no.2 society. However, the proposal dated 16-02-2018 by petitioner no.3 seeking approval to the said appointment / promotion was rejected by 2nd respondent by order dated 24.07.2018 and therefore, this writ petition.

(3.) Brief background is that since a junior clerk serving in the school came to be promoted as senior clerk, the post of junior clerk was rendered vacant. Having regard to the placement of petitioner no.1 in the common seniority list and the roster, so also on giving sympathetic consideration to the 1 st petitioner being 50% handicapped, the petitioner school management resolved to promote petitioner no.1 to the said vacant post of junior clerk in its meeting on 01-03-2015, pursuant to which, petitioner no.1 was appointed as junior clerk vide order dated 13-02-2015 issued by the secretary of the petitioner no.2.