5 months ago
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The Kolhapur Bench of the Bombay High Court connected Thursday (November 27, 2025) acceptable speech an bid passed by the Education Officer, Sindhudurg, rejecting support for the assignment of a peon astatine a Vaibhavwadi school, holding that the determination was based connected authorities resolutions issued aft the assignment and could not beryllium applied retrospectively.
A Division Bench of Justices M.S. Karnik and Ajit B. Kadethankar passed the bid successful effect to a petition filed by Satywan Laxman Kale against 7 antithetic authorities from the State acquisition department.
Mr. Kale was appointed arsenic a peon astatine Arjun Ravrane Vidyalaya, Vaibhavwadi, tally by Vaibhavawadi Taluka Shikshan Sanstha, connected August 1, 2011, nether the Nomadic Tribe- C category, pursuing an advertisement successful a Marathi paper and a solution by the schoolhouse management.
The petitioner approached the tribunal aft the Education Officer (Secondary), Zilla Parishad, Sindhudurg, rejected the support connection connected August 21, 2018, citing deficiency of anterior permission, non-compliance with advertisement norms, and lack of staffing signifier approvals. The serviceman relied connected a Government Resolution dated February 6, 2012, which introduced caller conditions for recruitment.
Advocate Prashant Bhavake for Mr. Kale argued, “Appointment of petitioner connected the taxable substance station was intelligibly aft owed process and hence schoolhouse management submitted a connection to the Respondent No. 5 (Education Officer) for approval. The serviceman did not adjacent telephone upon the School Management oregon the petitioner to explicate the deficiencies recorded. Petitioner cannot beryllium said to person been appointed by a back-door entry.”
Advocate Utkarsh Desai, for the schoolhouse management, said, “The School Management has followed the owed process portion appointing the petitioner. Even if the Education Officer had called upon the School Management to explicate immoderate query, the things could person been definitely worked out earlier.”
Defending the rejection, Assistant Government Pleader T.J. Kapre argued, “Respondent No.5 has considered the prevailing State policy, grounds and lone thereafter has passed the impugned order. As per Government Resolution dated 16th July 2011, determination was prohibition connected the recruitment of non-teaching staff.”
After proceeding the parties, the Bench observed, “We person nary uncertainty successful our caput to grounds that Government Resolution dated 6th February 2012, and riders imposed therein are not applicable to the petitioner’s lawsuit for deficiency of its retrospective effect. The petitioner was appointed on an already existing sanctioned station which became vacant owed to the superannuation of an employee. The lack of caller staffing signifier oregon unit approval, that too, for subsequent period would not invalidate the petitioner’s appointment.”
The Bench besides noted that the recruitment process was transparent, “Respondent No.6 (Vaibhavawadi Taluka Shikshan Sanstha has adjacent published an advertisement successful regular ‘Lokmat’ inviting applications. We admit that capable transparency has been maintained.”
The tribunal directed the Education Officer to o.k. Mr. Kale’s assignment wrong 4 weeks of receiving the connection and to merchandise wage arrears wrong 8 weeks thereafter. The Bench besides directed that upon granting approval, the petitioner’s sanction beryllium included successful the Shalarth Pranali, the State’s online payroll strategy for schoolhouse employees, and a Shalarth ID beryllium issued wrong 4 weeks to alteration the merchandise of wage arrears.
