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Bombay High CourtWP/4276/2021disposed off

Sopan Dnyanu Ghadge v. President Chatrapati Shivajiraje Krida Va Shikshan Prasarak Mandal And ORS

2021-10-07Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Abhay Ahuja2 pages

ppn 1 8.wp-4276.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4276 OF 2021 Sopan Dnyanu Ghadge .. Petitioner

Versus

The President Chatrapati Shivajiraje Krida Va Shikshan Prasarak Mandal & Ors.

.. Respondents --- Mr.Anant Vadgaonkar for the petitioner.

Mr.I. M. Khairdi for the respondent nos.1 & 2. Mr.N.K. Rajpurohit, AGP for the respondent no.4-State. --- CORAM : R.D. DHANUKA ABHAY AHUJA, JJ.

DATE : 7th October 2021 P.C.:- .

By an order dated 29th September 2021, this Court after recording reason made it clear that if no instructions are received by the learned AGP as to why proposal is not granted till date, this Court will pass an order and direction against the Education Officer to grant such approval on the said proposal submitted by the management for seeking individual approval for the appointment of the petitioner on the said post of Assistant Teacher.

2.

Mr.Rajpurohit, learned AGP for the State states that he has no instructions as to why the proposal is not granted till date and as to when such proposal can be granted though order passed by this Court is communicated to the Department.

ppn 2 8.wp-4276.21.doc 3.

By an order dated 8th August 2016 passed by this Court in Writ Petition (St.) No.31974 of 2015 filed by Head Master of Dnyandeep Vidyalaya, Sangli, this Court has already directed reinstatement in favour of the petitioner with continuity of service. In so far as the issue of back wages is concerned, the said issue is pending. The order of reinstatement granted by the School Tribunal has attained finality. 4.

We accordingly direct the Education Officer to grant approval on the proposal submitted by the management for seeking individual approval to the appointment of the petitioner from the date of initial appointment within four weeks from today. 5.

Learned counsel for the respondent nos.1 and 2 undertakes to file vakalatnama within three weeks from today. Undertaking is accepted.

6.

Writ petition is disposed of in aforesaid terms. No order as to costs. Parties to act on the authenticated copy of this order. ABHAY AHUJA, J.

R.D. DHANUKA, J.