VANKATESH Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) RULE . Rule made returnable forthwith heard with the consent of the parties.

(3.) IT is the case of the petitioner that, petitioner belongs to Open Category and he is working on the School, which is receiving 100% grant in aid since long back. Due to promotion of senior most teacher, the post became admissible and vacant. It is the further case of the petitioner that, before appointing the petitioner, respondent No. 5 had taken steps of ascertainment of vacancy position from respondent No. 3 and soliciting permission for filling the vacant post. Thereafter, advertisement came to be published in 'Daily Sanjwarta' on 09.07.2010. It is the further case of the petitioner that, on 15.07.2010 and 15.07.2013, initially, petitioner is appointed on the vacant post as Shikshan Sevak for a period of three years from respective categories and after completion of three Years period, he came to be confirmed and appointed as an Assistant Teacher on regular basis. Respondent No. 5 management is running respondent No. 5 Secondary School wherein post held has been created due to the promotion of senior most teacher on the post of Headmaster. It is the further case of the petitioner that, the respondent No. 5 submitted the proposal for grant of approval to the respondent No. 3 within stipulated period and same has been considered and granted approval in favour of petitioner, initially, as Shikshan Sevak by an order dated 28.08.2012, and thereafter, as an Assistant Teacher on regular basis by an order dated 06.08.2013 granted permanent approval.