1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 532 OF 2005 Balaji s/o. Sambhaji Mutanwad, Age 35 years, Occ. Service. R/o. Kolheborgaon, Tq. Biloli, Dist. Nanded. .. petitioners Versus 1] The State of Maharashtra through Secretary of Education Department Mantralaya, Mumbai. 2] Director of Education Secondary & Higher Secondary Pune, Maharashtra State, Pune. 3] Education Officer, Zilla Parishad, District Nanded. 4] The Head Master, Jaikisan Madhyamik Vidyalaya, Kolheborgaon, Tq. Biloli Dist. Nanded. .. Respondent. --- Mr. M.V. Ghatge, Advocate holding for Mr. Mahesh Sonawane, for petitioner. Mr. D.R. Korde, AGP for respondents. WRIT PETITION NO. 533 OF 2005 2 Hemant s/o. Rama Uttarwad, Age 35 years, Occ. Service, R/o. Kolheborgaon, Tq. Biloli, Dist. Nanded. .. Petitioner. Versus 1] The State of Maharashtra through Secretary of Education Department Mantralaya, Mumbai. 2] Director of Education Secondary & Higher Secondary Pune, Maharashtra State, Pune. 3] Education Officer, Zilla Parishad, District Nanded. 4] The Head Master, Jaikisan Madhyamik Vidyalaya, Kolheborgaon, Tq. Biloli Dist. Nanded. --- --- Mr. M.V. Ghatge, Advocate holding for Mr. Mahesh Sonawane, for petitioner. Mr. D.R. Korde, AGP for respondents. CORAM : A.P. DESHPANDE & N.D. DESHPANDE,JJ. DATE : 1st FEBRUARY, 2010. ORAL JUDGMENT [PER A.P. DESHPANDE,J.]:- 3 1] The petitioners are in the employment as a Peon of Jaikisan Madhyamik Vidyala, which is impleaded in this petition as respondent No.4 through the Head Master. The present petitioners came to be appointed w.e.f 14/6/1999 and 28/9/2001, respectively. The petitioners were initially appointed as Peons in the posts attached to standard 5th to 7th, on non-grant basis. After completion of the probation period, the present petitioners' appointment was also approved as a confirmed employees. In academic session 2003-04, the school was admitted to grants in accordance with the communication dated 20th February, 2004. Perusal of the list of schools, who were admitted to grants w.e.f 1st December, 2003, is enclosed at page 22 of the petition. The said document is an annexure to the letter dated 20th February, 2004. The name of the respondent school is at Sr. No. 9 and standard 5th was admitted to 60% grants, standard 6th to 40% and standard 4 7th to 20% grants. It can thus be seen that in a phased manner, the respective standards from 5th to 7th were admitted to grants. . The Head Master of the school forwarded the proposal of the teaching and non-teaching staff attached to standard 5th to 7th. However, the Education Officer, though granted approval to the appointment of the teaching members of the staff, chose to refuse the approval to the extent of the present petitioners, who are two in number, working as non-teaching staff, being Peon. 2] The proposal submitted by the Head Master in regard to the present petitioners, came to be rejected by communication dated 26th March, 2004, mainly for the reason that the Govt. Resolution dated 26th March, 2002 does not permit granting approval to the present petitioners. During the pendency of this petition, in an identical set of facts, two judgments are rendered by the 5 Division Bench of this court, i.e. in W.P. No. 285/2006, dated 24th December, 2008, to which one of us ( Justice N.D. Deshpande) is a party, and the other judgment dated 27th April, 2006, in W.P. No. 2234/2004. 3] Perusal of the said judgments reveal that the present petitioners and persons similarly situated with them are not covered by the Govt. Resolution dated 26/3/2002. The learned AGP, on instructions from the Education Officer, who is present in the court, makes a statement that having regard to the law laid down in the judgments referred to hereinabove, the petitions need to succeed. We are also informed by the learned AGP , on instructions from the Education Officer, that there are 2 posts of peon available in the Jaikisan Madhyamik Vidyalaya, i.e. respondent No.4. 4] In the result, the petitions are allowed. The impugned order passed by the Education Officer, refusing 6 approval to the appointment of the petitioners to the post of Peon in Jaikisan Madhyamik Vidyalaya,(respondent No.4) is quashed and set aside. We direct the Education Officer, to consider the proposal of the present petitioners for approval to their appointment as Peon, in the aided part of the school w.e.f. 1st December, 2003 onwards, in the light of the observations made hereinabove, and the above referred two judgments of the Division Bench. . On approval being granted to the appointment of the petitioners, the Education Officer shall, as a consequence, release the grants from 1st December, 2003 onwards, as expeditiously as possible and at any rate, within a period of two months from today. Rule made absolute in above terms with no orders as to costs. 7 [N.D. DESHPANDE,J.] [A.P. DESHPANDE.J.] Grt/-