SWATI SHIVAJI LAWHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, taken up for final hearing at the admission stage.

(2.) By this petition under Article 226 of the Constitution of India, petitioner has challenged the order dated 28th December, 2017 by which the proposal dated 20th June, 2014 submitted by responent nos.5 and 6 for according approval to the post of the petitioner as a Cook has been rejected by respondent no.3-Regional Deputy Commissioner Social Welfare, Aurangabad.

(3.) Factual matrix leading to this petition is as under: Respondent no.6 runs Sane Guruji Secondary School, Taluka Kaij, District Beed. Initially the school had classes from 1st to 7th standard. Permission for 8th standard was granted from the academic year 2012-2013 vide resolutions dated 2nd August, 2008 and 28th August, 2012. Accordingly, by Government resolution dated 14th February, 2006 one post of Cook was sanctioned. Vide corrigendum dated 24th March, 2006 and resolution dated 14th February, 2006 it was modified and post of Cook was created for 9th standard as well. By the resolution dated 14th February, 2006 post of one Cook was made admissible for every forty students. Thus, since 14th February, 2006 and corrigendum dated 24th March, 2006, there were two sanctioned posts of Cook. For filling up second post of Cook, school management issued an advertisement on 17th May, 2012 inviting applications for various posts including the post of Cook. Petitioner made an application for the post of Cook whereafter he was selected. Accordingly, order of appointment of petitioner was issued on 20th June, 2012. Respondent authorities accorded approval to the services of the petitioner in the pay scale of Rs.4400-7400 with grade pay of Rs.1600 for two academic years on probation.