IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7388 OF 2018 Shri. Umesh Raghunath Bamane Age-42 Years, Occu.-Service R/at- Flat No. 2, Varad Heights, Ghanshyamnagar, Madhavnagar road, Sangli 416416 ….Petitioner versus

1. The State of Maharashtra Through its Education Department (Secondary Section) Mantralaya, Mumbai.

2. The Secretary Education Department (Secondary Section) Mantralaya, Mumbai-32.

3. Dy. Director, Education Kolhapur Division, Kolhapur Having office at Kolhapur

4. The Education officer (Secondary Section)

Having office at Zilla Parishad, Sangli, Sangli-Miraj road, Sangli-416416

5. The Secretary Emanuel Education society, Near Zilla Parishad, Sangli-Miraj road, Sangli

6. The Head Master/Mistress Emanuel English School, Near Zilla Parishad, Sangli-Miraj road, Sangli

7. State of Maharashtra through Principal Secretary Department of Finance Mantralaya, Mumbai ….Respondents Mr. Chetan Patil i/b. Mr. M.G. Bagkar, Advocate for the Petitioner.

Mr. V.G. Badgujar, AGP for the Respondent Nos.1 to 4 and 7.

CORAM : RAVINDRA V. GHUGE &

ASHWIN D. BHOBE, JJ.

DATE : 22nd APRIL, 2025 ORAL JUDGMENT (PER:- RAVINDRA V. GHUGE , J.)

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioner has put forth prayer clause (a1), (a2) and (a3), as under:

“a1.That this Hon'ble Court may be pleased to issue an appropriate writ, order or direction in the nature of writ, thereby quashing and setting aside the impugned communication dated 15-09-2023 passed by Respondent No. 7 herein (being Exhibit "AB" hereto) and further be pleased to direct Respondent no. 7 herein to sanction the post on which the Petitioner is appointed and further grant approval to the appointment of the petitioner on the post of Part-time. Librarian since the date of his appointment i.e. 15-07-

1999.

a2. That this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, thereby directing the Respondent No.3 herein to enter the name of the Petitioner in the Shalarth Pranali and issue Shalarth Identity to the Petitioner and further directing the Respondent No.1,2,3,4 and 7 to release grant in aid for the payment of salary / monthly honorarium to the Petitioner since the date of his appointment i.e. 15-07-1999, with all consequential benefits.

a3. That this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, thereby directing the Respondent authorities to upgrade the Petitioner from the post of Part Time Librarian to the post of Full Time Librarian in any aided school in the District of Sangli.”

3. The learned AGP has submitted on instructions from Shri. Vishal Lohar, Desk Officer, present in Court that, no doubt, the Government may have got a little delayed in creation of a post of full-time Librarian, the matter is being actively considered by the Finance Department and in the nearest future, the post would be sanctioned. As an when the post is sanctioned, the same would be allocated to the Petitioner considering the peculiar facts and circumstances of this case and thereafter, he would be granted all monetary benefits as is permissible in law.

4. Since the peculiar facts of this case need a reference, we are adverting to the dates and sequence of events as under:

(a) It is undisputed that the Petitioner is a Polio affected person and is disabled (Person with Disability), beyond 40%.

(b) On 06.08.1999, the Petitioner was appointed as a part- time Librarian after having succeeded as the best candidate in the interviews held on 03.07.1999, by the Respondent No.5 Education Society.

(c) In an Appeal bearing no.174-175 of 1999, the Hon’ble Supreme Court delivered orders on 26.07.2000 and 29.08.2001, concluding that grant of aid will cover not only primary school, but also a secondary school with regard to the Respondent Minority Institution.

(d) Despite the severe disability, the Petitioner has acquired the educational qualification of BSc and Master of Library Scie