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2021 Supreme(Bom) 209

S.C.GUPTE, SURENDRA P.TAVADE
Shrikrishna Bhikaji Bondge – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT :

SURENDRA P. TAVADE, J.

1. Rule.

2. Rule made returnable forthwith by consent of parties. The petition is heard finally.

3. The Petitioner is seeking relief that the impugned order passed by Respondent No. 2 dated 09 July 2018 be quashed and set aside and to grant approval to his appointment as a peon on the establishment of Respondent No. 4 since date of his appointment i.e. on 1 July 2009. He also claims salary in grant in aid since date of his appointment.

4. Respondent No. 3 is an educational institute registered under the provision of Maharashtra Public Trust Act, 1950. On 4 May 2009 Respondent No. 3 issued advertisement in daily newspaper for filling up the post of peon in the establishment of Respondent No. 4, which is the school run by Respondent No. 3. The Petitioner applied for the post of peon. After complying the procedure, he was appointed as a peon with effect from 1 July 2009. Respondent No. 4 submitted proposal seeking approval to the appointment of the Petitioner to Respondent No. 2 on 19 September 2009. Respondent No. 2 replied to the said communication a

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