DATTATRAYA APPASO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. This Writ Petition is taken up for hearing and final disposal, by consent and on the request of the learned counsel for the parties.

(2.) The petitioner was initially appointed as the part time Shikshan Sevak with effect from 12.06.2006 and after completion of the probation period was confirmed in service as a permanent part-time Assistant Teacher. Respondent No.5 - Education Officer, from time to time, granted approval to the appointment of the petitioner. After rendering eleven years ' continuous part time service, by exercising powers under the Government Resolution dated 31.01.2001 as well as the Government Resolution dated 10.06.2005, respondent No.6 granted up-gradation to the petitioner on full-time post of Assistant Teacher. A proposal was thereupon submitted for approval to his appointment as a full time Assistant Teacher. The respondent No.5 - Education Officer vide order dated 13.12.2018 approved the proposal and that the approval is still in force. The Education Officer vide his recommendation letter dated 10.05.2019 forwarded the said proposal to the office of respondent No.4 - Deputy Director of Education. After receipt of the said proposal, the respondent No.4 - Deputy Director of Education vide his letter dated 04.11.2019 communicated some deficiencies in the said proposal to the respondent No.5 - Education Officer, who in turn vide his letter dated 18.11.2019, forwarded the detailed compliance report to the respondent No.4 - Deputy Director of Education and again recommended for granting Shalarth ID to the petitioner. However, till date, the respondent No.4 - Deputy Director of Education has not taken any decision on the said proposal and kept the same in abeyance.

(3.) We have heard Mr. Bhavake, learned counsel for the petitioner and Mr. Mali, learned AGP for the respondents-State.