Akash Dipak Atole v. The State Of Maharashtra And ORS

21. WP 699 of 2021..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 699 OF 2021 Akash Dipak Atole

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

---------- Laxman S. Deshmukh - Advocate for the Petitioner. Shri N. C. Walimbe - AGP for the Respondent/StateSachin Thorat - Advocate for the Respondent No. 4.

---------- CORAM : S. C. GUPTE AND SURENDRA P. TAVADE, JJ.

DATE : 25 FEBRUARY 2021.

P.C. :

1.

The subject matter of the present petition concerns approval to the Petitioner'

s appointment as a '

Junior Clerk' in Respondent No. 5-School.

2.

The Petitioner was appointed in a vacant post as Junior Clerk w.e.f. 16.08.2019. Respondent No. 4 - Management submitted a proposal for grant of approval to the Petitioner' s appointment on 13.09.2019. Respondent No. 3-Education Officer did not grant approval to the Petitioner' s appointment;

however, by letter dated 07.10.2019, Respondent No. 3 observed Seema 1/2

21. WP 699 of 2021..odt that an appropriate decision, in accordance with Government Resolution dated 28.01.2019, shall be taken towards approval of the Petitioner's appointment.

3.

More than a year has since passed and there is no decision. It is submitted by the Petitioner that the number of students available in Respondent No. 5-School clearly justifies the Petitioner's appointment in accordance with the staffing pattern decided by the Respondent-State vide Government Resolution dated 28.01.2019.

4.

On these facts, the petition can be disposed of by directing Respondent No. 3 - Education Officer to take an appropriate decision in accordance with the Government Resolution dated 28.01.2019 expeditiously and in a time bound manner. 5.

The petition is, accordingly, disposed of by directing Respondent No. 3 to take an appropriate decision on the pending proposal of 13.09.2019 for approval to the Petitioner' s appointment as a '

Junior Clerk' in Respondent No. 5- School as expeditiously as possible and, in any event, within a period of six weeks from today.

[SURENDRA P. TAVADE, J.] [S. C. GUPTE, J.] Seema 2/2