Case Note & Summary
The petitioner, Prasad Rajaram More, filed a writ petition challenging the order dated 2nd March 2022 passed by the Education Officer (Secondary), Zillah Parishad, Nashik, refusing to grant approval to his appointment as Shikshan Sevak (Trained Graduate Teacher in English) at Nutan Vidhyamandir, Deolali Camp, a school run by Shikshan Mandal Bhagur. The petitioner claimed to have completed a three-year probation period and sought continuation in the post with commensurate pay. The management (Respondents 3 and 4) contended that they had terminated the petitioner's probation mid-way and that he had accepted a contractual appointment thereafter. The Education Officer (Respondent 2) argued that the petitioner had completed the probation period but refused approval due to a reduction in establishment posts because of a decline in student numbers. The court observed that the petition and the respondents' affidavits were replete with conflicting statements, with each side's contentions being self-defeating. The only point of agreement among all parties was that the petitioner had been absent from work since 1st January 2020. The court noted that the petitioner's own pleadings were ambiguous and contradictory, and the respondents' affidavits also contained inconsistencies. Given the petitioner's unauthorized absence and the lack of a clear case, the court held that no interference was warranted. The petition was dismissed, and rule was discharged. No order as to costs.
Headnote
A) Service Law - Shikshan Sevak Appointment - Approval by Education Officer - Contradictory Pleadings - The petitioner challenged the refusal of approval to his appointment as Shikshan Sevak. The court found the petition and the respondents' affidavits replete with conflicting statements, each side's contentions defeating their own stands. The only point of agreement was the petitioner's unauthorized absence since 1st January 2020. Held that the petitioner failed to make out a case for interference, and the petition was dismissed. (Paras 3-4, 6-7) B) Service Law - Unauthorized Absence - Effect on Service Rights - The petitioner absented himself from work since 1st January 2020. The court noted that this fact was admitted by all parties. Held that such unauthorized absence disentitles the petitioner to any relief, including approval of appointment or continuation in service. (Paras 4, 7)
Issue of Consideration
Whether the petitioner is entitled to approval of his appointment as Shikshan Sevak and consequential reliefs in light of contradictory pleadings and his unauthorized absence from duty.
Final Decision
The petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Contradictory pleadings
- self-defeating averments
- burden of proof on petitioner
- unauthorized absence
- refusal of approval by Education Officer
