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2023 Supreme(Bom) 532

G. S. PATEL, NEELA GOKHALE
Akash Dipak Atole – Appellant
Versus
State of Maharashtra, Through the Secretary School Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr Laxman Shivajirao Deshmukh
For the Respondent: Mr VM Mali, AGP.

JUDGMENT :

Neela K Gokhale, J.

1. Rule. The Respondents have filed their Affidavit in Reply. By consent of parties, Rule is made returnable forthwith.

2. This is the second round of litigation between the parties inter se. In the first round, this Court by order of 25th February 2021, observing the Respondents’ failure to take any decision regarding approval of the Petitioner’s appointment for more than a year, directed the Respondent-State to take an appropriate decision on the proposal within a period of six weeks from the date of that order. About six months after the expiry of the permitted period, the Respondents refused approval to the Petitioner’s services on the very same grounds considered by this Court in the previous round of proceedings. It is this refusal that is assailed in the present Petition.

3. The 1st Petitioner is an employee of the 3rd Respondent, School run by the 2nd Respondent Managing Trust. The Respondents No. 3 and 4 are, respectively, the Deputy Directors of Education, Pune region and the Education Officer (Secondary), Pune of the 1st Respondent, State of Maharashtra.

4. Provisions of successive Government Resolutions (“GR”) form the basis of relief sought in

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