THE SECRETARY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith, and heard finally with the consent of the parties.

(2.) This Petition is filed praying therein to quash and set aside the order dated 21.04.2016 passed by respondent no.3 - Education Officer. It is further prayed to direct respondent no.3 - Education Officer to grant approval in favour of petitioner no.3 as Peon in petitioner no.2-School forthwith and release his salary.

(3.) It is the case of the petitioners that, petitioner no.2 is a Secondary and Higher Secondary School, run by petitioner no.1 trust, in which classes from 5th to 12th standards are being conducted, and the said school is receiving 100% grant-in-aid from the State Government. From the year 2013-14 onwards, the strength of sanctioned teaching and non teaching staff is 24 and 11 respectively. On account of death of one permanent employee, namely, Shivaji Kishanrao Pallewad, who was appointed from N.T. category and working on the post of Peon in petitioner no.2 - school, had fallen vacant on 04.12.2013. Thereafter, by application dated 05.12.2013, petitioner no.2 sought permission from respondent no.3 i.e. the Education Officer, so as to fill up the said vacant post of Peon, by issuing advertisement. However, neither the said application was responded, nor permission sought for was granted. On 23.12.2013, petitioner nos.1 and 2 issued an advertisement, inviting eligible candidates for interview to the vacant post of Peon.