LAWS(BOM)-2022-4-45

MRUNAL MANDAR JOSHI Vs. STATE OF MAHARASHTRA

Decided On April 13, 2022
Mrunal Mandar Joshi Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard. Rule. Rule is made returnable forthwith. Heard finally by consent of learned counsel for the parties.

(2.) Initially this petition was filed seeking direction in the nature of mandamus to respondent No.3 to regularize the services of the petitioner as Assistant teacher with effect from 15/6/2016 and grant approval to the services of the petitioner as full time Assistant Teacher with effect from 15/6/2016. During the pendency of the petition, respondent No.3 vide order dtd. 10/9/2019 rejected the approval to the appointment as full time Teacher and therefore, the petitioner by amending the petition prayed for quashing this order.

(3.) It is the case of the petitioner that she was initially appointed on 13/8/2012 as part time shikshan sevak by following the required selection procedure with effect from 14/8/2012 to 13/8/2015. This part time appointment was approved in the year 2016. One Shri S. B. Pardeshi superannuated on 31/5/2016. The workload of part time Assistant Teacher for the subject of Chemistry which was handled by Shri S. B. Pardeshi became available. The petitioner was already appointed and was handling the workload of part time teacher for the subject of chemistry. The petitioner was appointed/absorbed as full time shikshan sevak for chemistry subject vide appointment letter dtd. 15/6/2016. A resolution was passed by respondent No.4 to that effect on 31/3/2018. It is stated that the petitioner was appointed as full time teacher to the open category post. The proposal for approval was submitted and till the date of filing of the petition it was not decided.