Shri. Khalate Mohan Tukaram v. The State Of Maharashtra Through The Secretary, And ORS.

21 - WP. 1866-18.doc VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 1866 OF 2018 Khalate Mohan Tukaram ...

Petitioner Vs.

The State of Maharashtra, through the Secretary & Ors.

...

Respondents *** Mr. N. V. Bandiwadekar i/b Ms. Ashwini N. Bandiwadekar, for the Petitioner.

Mr. Sandeep Babar, AGP for the Respondent Nos. 1, 2 & 5. *** CORAM : R. M. BORDE & V. M. DESHPANDE, JJ.

DATE : JULY 30, 2018 PC :- 1.

The Petitioner is praying for issuance of directions to Respondent No. 5 to take decision on the proposal forwarded to them by Respondent No. 4 seeking approval to the appointment of the Petitioner, in accordance with the provisions of law. It is mentioned in the affidavit-in-reply that upper age limit prescribed for appointing a candidate belonging to the open category is 30 years, whereas at the time of appointment age of 1 / 2

21 - WP. 1866-18.doc the Petitioner is 31 years, 3 months and 23 days. 2.

Since the Petitioner is found to be over-age at the time of appointment, Respondent has issued a direction to stop salary grants in respect of the Petitioner. The Petitioner, however, contends that though the salary grants have been stopped in the year 2016, no decision has been taken on the proposal to the appointment of the Petitioner. A formal order needs to be passed by the concerned authority on the proposal tendered by the institution, which shall be passed as expeditiously as possible within a period of six months from today. With this, writ petition is disposed of. No costs. Sd/- Sd/- [V. M. DESHPANDE, J.] [R. M. BORDE, J.] Vinayak Halemath 2 / 2