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Bombay High CourtWP/2242/2020disposed off

Shripad Vasantrao Kumbhojkar v. The Vjnt , Obc And Sbc Welfare Dept. Mantralaya And ORS

2021-02-08Hon'Ble Shri Justice Surendra Pandharinath Tavade,Hon'Ble Shri Justice S.C. Gupte2 pages

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33. wp 2242-2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2242 OF 2020 Shripad Vasantrao Kumbhojkar

...Petitioner

vs.

The VJNT Other Backward Class and Special Backward Category Welfare Department & Ors....Respondents Mr.Rajaram Deshmukh for Petitioner.

Smt.P.N. Diwan, AGP for Respondent-State.

CORAM : S.C. GUPTE & SURENDRA P. TAVADE, JJ.

DATE : 8 FEBRUARY 2021 P.C. :

The grievance of the Petitioner in the present petition is about inaction on the part of the Respondent-State in taking a decision on his representation for his reinstatement and payment of his salary. The Petitioner's case is that he was appointed as a cook in Respondent No.5 Ashram school and was terminated in April 2007 by an oral order. He had made representations for his reinstatement. It is submitted that in pursuance of one of the representations, the Minister of Respondent No.1 department directed the Director of VGNT, Other Backward Class and Special Backward Category Welfare Department (Respondent No.2) to take appropriate action. It appears that by an order dared 22 October 2018, Respondent No.2 directed the Assistant Commissioner of Social Welfare, Solapur (Respondent No.3) to submit a report. The Petitioner's grievance is that despite these communications/directions, no decision has been taken 1 / 2

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33. wp 2242-2020.doc yet on the Petitioner's representation.

On these facts, the petition can be conveniently disposed of by directing the Respondents to take a decision on the Petitioner' s representation, for his reinstatement, in a time bound manner. Accordingly, the writ petition is disposed of by directing Respondent No.2 to take an appropriate decision on the Petitioner' s representation for his reinstatement in Respondent No.5 Ashram school. In case Respondent No.2 wants any report or material from Respondent No.3, he must call for such report or material. It is imperative that Respondent No.2 takes a final decision on the Petitioner' s representation within a period of eight weeks from today.

(SURENDRA P. TAVADE, J.) (S.C. GUPTE, J.) Digitally signed by Sanskruti A.

Thakur Date:

2021.02.11 11:58:41 +0530 Sanskruti A.

Thakur 2 / 2