RAJESHREE HANUMANTRAO ROKADE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition is filed with the following prayers:

(2.) It is the case of the petitioner that the petitioner was appointed as a Shikshan Sevak in respondent no.4 School with effect from 22.12.2009. The appointment of the petitioner as a Shikshan Sevak in respondent no.4 School was approved by the office of respondent no.2 on 17.08.2010. The petitioner has completed period of Shikshan Sevak [i.e.three years] on 21.12.2012. In view of the provision of Section 5 of the Maharashtra Employees of Private Schools [Conditions of Service] Regulation Act , 1977 [for short 'Act of 1977'], the petitioner has acquired deemed permanency in service. After completion of period of Shikshan Sevak, proposal was submitted in the office of respondent no.2, seeking approval to the appointment of petitioner on permanent basis.

(3.) It is further the case of the petitioner that on 17.12.2014, respondent no.2 was pleased to reject the said proposal on the ground that there were surplus teachers in the school, and there was no vacancy. Thereafter, the petitioner had approached this Court in Writ Petition No.11340/2015 [Rajashri Hanmant Rokde Vs. The State of Maharashtra & others], challenging order dated 17.12.2014, with further prayer to direct the Education Officer to grant approval to the appointment of the petitioner. This Court was pleased to dispose off the aforesaid Writ Petition, vide order dated 18.01.2016, directing respondent no.2 to take final decision on the proposal dated 21.01.2015 submitted by the school.