Case Note & Summary
The petitioner, Pawar Ganesh Balkrishna, was appointed as a Librarian (Shikshan Sevak) in a school run by respondent no.3 institution in 2010. His appointment was approved by the Education Officer on 19.10.2013. After completion of three years as Shikshan Sevak, he claimed confirmation as a regular Librarian. However, on 7.8.2014, the Education Officer passed an order recalling the earlier approval on the ground that the appointment was made against an open category seat overlooking backlog of unfilled categories. The petitioner challenged this order. The High Court held that the impugned order was passed without giving any opportunity of hearing to the petitioner, violating principles of natural justice. The court also noted that the approval of appointment as Shikshan Sevak for three years entitles the petitioner to be confirmed as a regular Librarian upon completion of probation, and no separate order of approval is required. The court quashed the impugned order and directed the respondents to treat the petitioner as a confirmed employee.
Headnote
A) Service Law - Natural Justice - Right of Hearing - Recall of Approval Order - The Education Officer recalled the approval of appointment of the petitioner without giving him any opportunity of hearing, which is violative of principles of natural justice - Held that the impugned order cannot be sustained (Paras 4-5).
B) Service Law - Appointment - Shikshan Sevak - Confirmation - Approval of appointment as Shikshan Sevak for three years entitles the employee to be confirmed as regular Librarian upon completion of probation - No separate order of approval is required - Held that the petitioner is entitled to be treated as confirmed employee (Paras 4-5).
Issue of Consideration
Whether the Education Officer could recall the approval of appointment of the petitioner without affording him an opportunity of hearing and without authority of law.
Final Decision
The High Court allowed the writ petition, quashed the impugned order dated 7.8.2014, and directed the respondents to treat the petitioner as a confirmed employee.
Law Points
- Natural justice
- right of hearing
- review without authority
- approval of appointment
- Shikshan Sevak
- confirmation after probation
- Education Officer's powers
Case Details
Writ Petition No.8865 of 2014
R.M. Borde, Rajesh G. Ketkar
Mr. Vipul Bodhane for Petitioner, Mr. C.P. Yadav Assistant Government Pleader for Respondent nos.1 and 2
State of Maharashtra, The Education Officer (Secondary) Zilla Parishad Solapur, Kurduwadi Shikshan Prasarak Mandal, The Head Master Nutan Vidyalaya High School Kurduwadi
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Nature of Litigation
Writ petition challenging the order of Education Officer recalling approval of appointment of petitioner as Librarian.
Remedy Sought
Petitioner sought quashing of the order dated 7.8.2014 recalling approval and direction to treat him as confirmed employee.
Filing Reason
The Education Officer recalled the earlier approval of appointment without hearing the petitioner and on the ground that appointment was made against open category seat overlooking backlog.
Previous Decisions
The Education Officer had initially approved the appointment on 19.10.2013. The impugned order dated 7.8.2014 recalled that approval.
Issues
Whether the Education Officer could recall the approval of appointment without affording opportunity of hearing to the petitioner?
Whether the petitioner is entitled to be confirmed as regular Librarian after completion of three years as Shikshan Sevak?
Submissions/Arguments
Petitioner argued that the impugned order was passed without giving him any opportunity of hearing and that he is a confirmed employee entitled to be treated as regular Librarian.
Respondents argued that the appointment was made against open category seat overlooking backlog of unfilled categories.
Ratio Decidendi
An order recalling approval of appointment cannot be passed without affording an opportunity of hearing to the affected employee, as it violates principles of natural justice. Further, approval of appointment as Shikshan Sevak for three years entitles the employee to be confirmed as a regular employee upon completion of probation.
Judgment Excerpts
The Petitioner is objecting to the order passed by the Education Officer on 7.8.2014 thereby recalling the earlier order passed by his predecessor according approval accorded to the appointment of the Petitioner.
The impugned order has been passed without extending any opportunity of hearing to the Petitioner and on own reviewed the order passed by his predecessor in the year 2010 and directed cancellation of the order of approval.
Procedural History
The petitioner was appointed as Librarian (Shikshan Sevak) in 2010. The Education Officer approved the appointment on 19.10.2013. On 7.8.2014, the Education Officer passed an order recalling the approval. The petitioner filed Writ Petition No.8865 of 2014 challenging that order. The High Court heard the matter and delivered judgment on 13.2.2018.
