Atul Kisan Machale And ORS v. The State Of Maharashtra And ORS

bdp 18-wp-3212.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3212 OF 2021 Atul Kisan Machale and Ors.

... Petitioners

Versus

The State of Maharashtra and Ors.

... Respondents ****** Mr. Laxman S. Deshmukh for the Petitioners.

Mrs. P. J. Gavhane, AGP for the State-Respondent Nos. 1 to 3. ****** CORAM: R. D. DHANUKA AND R. I. CHAGLA, JJ.

DATE : 26th JULY, 2021.

(Through Video Conference) P.C. :- .

Rule. Learned AGP appearing for the respondent nos. 1 to 3 waives services. Heard finally by consent of parties. 2.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks direction against the respondent no.3 to grant approval to the 1st petitioner's appointment to the post of Laboratory Assistant in the petitioner no.3-school with effect from his appointment along with all consequential benefits. In the alternative, the direction is sought against respondent no.3-Education Officer to take decision on the proposal dated 24th November, 2019 submitted by the petitioner no.2-management for approval to the 1st petitioner appointment within a stipulated time.

bdp 18-wp-3212.21.doc 3.

The learned AGP appearing for the respondent nos. 1 to 3 on instruction states that the said proposal submitted by the petitioner no.2-management for approval of the 1st petitioner's appointment to the post of Laboratory Assistant in the petitioner no.3-school shall be decided within a period of two months from today. Statement is accepted.

4.

In view of the above statement, the respondent no.3-Education Officer is directed to take decision on the said proposal submitted by the petitioner no.2-management for approval of the 1st petitioner's appointment to the post of Laboratory Assistant in the petitioner no.3school within a period of two months from today. The decision to be taken by the respondent no.3-Education Officer on the said proposal dated 24th November, 2019 submitted by the petitioner no.2management shall be communicated to the petitioners within a period of one week from the date of taking such decision. 5.

The writ petition is disposed off in aforesaid terms. Rule is made absolute. No order as to costs.

[R. I. CHAGLA, J.] [R. D. DHANUKA, J.]