Sangeeta Pandurang Patil v. State Of Maharashtra And ORS.

prod-5-wp-9274-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATTE JURISDICTION WRIT PETITION NO.9274 OF 2016 Sangeeta Pandurang Patil

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. S.A. Rajeshirke, for the Petitioner Mr. V.N. Sagave, AGP for Respondent No. 1.

Mr. S. Sakhare, for Respondent Nos. 4 to 6.

CORAM : SHANTANU S. KEMKAR & PRAKASH D. NAIK, JJ.

DATE :

FEBRUARY 06, 2017 P.C.:

.

Not on board. Upon mentioning taken on board. 2.

Feeling aggrieved by the order dated 31st October, 2015 (Exhibit I) passed by the Respondent No. 3 - the Education Officer (Secondary), Zilla Parishad, Kolhapur by which the proposal for approval of the Petitioner's post from part time teacher to full time teacher has been rejected, the Petitioner has filed this Petition. 3.

During the pendency of the Petition, the Petitioner's part time appointment was approved by the Respondent No. 3 vide approval order which is filed along with additional affidavit dated 23rd June, 2016 (Exhibit A/1 & A/2 Colly.). The learned counsel for Vishal Parekar 1/2

prod-5-wp-9274-2016.doc the Petitioner submits that the earlier rejection was on the ground that the post for the part time appointment teacher was abolished. However, according to him, in view of the subsequent development, the Education Officer is required to reconsider the Petitioner's claim for grant of approval as full time teacher.

4.

Keeping in view the subsequent development, we dispose of this Petition with liberty to the Petitioner to submit a detailed representation with all the supporting documents before Respondent No. 4. On receipt of the same, the Respondent No. 4 shall forward the proposal to Respondent No. 3 - Education Officer within four weeks from the date of receipt of said representation. 5.

The Respondent No. 3 - Education Officer in turn shall consider and take appropriate decision on the proposal submitted by Respondent No. 4 within two months from the date of receipt of the same uninfluenced by the earlier order dated 31st October, 2015 (Exhibit I). With the aforesaid direction, the Petition is disposed of. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2