Case Note & Summary
The petitioner, Rajendra s/o Shriram Bhujbal, was appointed as Shikshan Sevak on 12.7.2010 by the Chief Executive Officer, Zilla Parishad, Jalna. He filed a writ petition seeking the benefit of Government Resolution dated 15.5.2013, which provides for counting of past service as Shikshan Sevak towards regularisation. The respondents opposed the petition. The court, after hearing the parties, allowed the petition and directed the respondents to consider the petitioner's case for regularisation in light of the Government Resolution dated 15.5.2013, counting his past service as Shikshan Sevak from the date of his initial appointment. The court did not elaborate on detailed reasoning but relied on the Government Resolution to grant the relief.
Headnote
A) Service Law - Regularisation - Shikshan Sevak - Government Resolution dated 15.5.2013 - The petitioner was appointed as Shikshan Sevak on 12.7.2010 and sought counting of his past service for regularisation under the Government Resolution dated 15.5.2013. The court held that the petitioner is entitled to the benefit of the said Government Resolution and directed the respondents to consider his case for regularisation by counting his past service as Shikshan Sevak. (Paras 1-5)
Issue of Consideration
Whether the petitioner, appointed as Shikshan Sevak on 12.7.2010, is entitled to the benefit of Government Resolution dated 15.5.2013 for counting his past service as Shikshan Sevak towards regularisation.
Final Decision
The writ petition is allowed. The respondents are directed to consider the petitioner's case for regularisation in light of the Government Resolution dated 15.5.2013, counting his past service as Shikshan Sevak from the date of his initial appointment. Rule made absolute accordingly.
Law Points
- Regularisation of service
- Shikshan Sevak
- Government Resolution
- counting of past service
- Zilla Parishad Primary School
Case Details
2017 LawText (BOM) (08) 20
Writ Petition No.9346/2016
Shantanu S. Kemkar, N.W. Sambre
Swapnil D. Tawshikar (for petitioner), Smt. M.A. Deshpande (AGP for respondent no.1), Vaibhav Deshmukh (for respondent nos.2 to 4)
Rajendra s/o Shriram Bhujbal
The State of Maharashtra, The Chief Executive Officer, Zilla Parishad, Jalna, The Block Education Officer, Panchayat Samiti, Bhokardan, The Head Master, Zilla Parishad Primary School, Lonkarwadi
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Nature of Litigation
Writ petition seeking regularisation of service as Shikshan Sevak with counting of past service.
Remedy Sought
Petitioner sought direction to respondents to count his past service as Shikshan Sevak from 12.7.2010 for regularisation under Government Resolution dated 15.5.2013.
Filing Reason
Petitioner was appointed as Shikshan Sevak on 12.7.2010 but his past service was not counted for regularisation despite Government Resolution dated 15.5.2013.
Issues
Whether the petitioner is entitled to the benefit of Government Resolution dated 15.5.2013 for counting his past service as Shikshan Sevak towards regularisation.
Submissions/Arguments
Petitioner argued that he was appointed as Shikshan Sevak on 12.7.2010 and is entitled to the benefit of Government Resolution dated 15.5.2013 for counting his past service. Respondents opposed the petition.
Ratio Decidendi
The petitioner, having been appointed as Shikshan Sevak on 12.7.2010, is entitled to the benefit of Government Resolution dated 15.5.2013 for counting his past service towards regularisation.
Judgment Excerpts
Heard learned counsel for the parties.
The petitioner was appointed on the post of Shikshan Sevak vide order dated 12.7.2010 (Exhibit A) issued by the Chief Executive Officer, Zilla Parishad, Jalna.
The petition is allowed. Rule made absolute accordingly.
Procedural History
The petitioner filed Writ Petition No.9346/2016 before the Bombay High Court, Bench at Aurangabad. The court heard the parties and disposed of the petition on 9.8.2017.
