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Bombay High CourtWP/3139/2021disposed off

Nitin Shivaji Vibhute v. The State Of Maharashtra And ORS

2021-07-22Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice R. I. Chagla2 pages

KVM 1/2 38 -wp-3139.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3139 OF 2021 Nitin Shivaji Vibhute ..... Petitioner

VERSUS

The State of Maharashtra & Ors.

..... Respondents Mr. Prashant Bhavake for the Petitioner.

Mrs. P.N.Diwan, A.G.P. for the State - Respondent nos.1 to 5. CORAM: R. D. DHANUKA AND R.I.CHAGLA, JJ.

DATE : 22nd JULY, 2021 (THROUGH VIDEO CONFERENCE) P.C:- Learned counsel for the petitioner seeks permission to amend the petition by deleting the name of respondent nos. 6 and 7. Leave is granted. Amendment shall be carried out within a period of one week from today.

2.

Rule. Learned A.G.P. waives service for the respondent nos. 1 to

5. Heard finally by consent of parties.

3.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks direction against the respondent no.5 to decide the proposal sent by Chaitanya Prabhu Shikshan Prasarak Mandal and Headmaster of Dnyanganga High School, Jadhavwadi,

KVM 2/2 38 -wp-3139.21.doc Market Yard, Kolhapur for individual approval to the appointment of the petitioner in the post of peon at Dnyanganga High School within the stipulated period and grant individual approval to such appointment of the petitioner.

4.

The learned counsel for the petitioner states that although the said representation/proposal had been sent on 24th November, 2014 and 23rd April, 2015, the respondent no.5 has yet not considered the said representation.

5.

In view thereof, the respondent no.5 is directed to consider and decide the said representation/proposal and approve the proposal for individual approval for the post of the peon in the said school within a period of eight weeks from the date of this order. The respondent no.5 shall communicate the decision on the said representation/proposal within a period one week from the date of decision. 6.

Rule is made absolute in the aforesaid terms. 7.

Writ petition is disposed of. There shall be no order as to costs. [R.I.CHAGLA, J.] [R. D. DHANUKA, J.]