Seema Dhanajirao Chavan v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.407 OF 2010 IN WRIT PETITION NO. 5584 OF 2007 Ms. Seema Dhanajirao Chavan Applicant

Versus

The State of Maharashtra & Ors.

Respondents Mr.S.B.Deshmukh, for the Applicant.

Ms. Nisha Mehra, AGP, for the State.

Mr. P.B.Bhargude,for Respondent No.4.

CORAM : RANJIT MORE & SMT. SADHANA S.JADHAV,JJ.

DATE :13th March, 2018.

P.C. :

Mr. Deshmukh, learned counsel for the applicant, at the outset, submits that he is restricting the civil application to the relief claimed in prayer clause (a) only. Statement accepted. Prayer clause (a) reads as under :- "a) That this Hon'ble Court be pleased to direct the Respondent Nos. 4 and 5 to send the proposal of the Applicant for approval as per the order dated 4-12-2006 passed by the Respondent No.2. Deputy Director of Vocational Education and Training, Pune and as per the Affidavit-in-Reply dated 6-9-2007 filed by Shri Baban

Vishnu Virnak, Assistant Director of Vocational Education and Training, Pune in Writ Petition No.5584 of 2007 and further direct the Respondent No.2 to grant the approval to the post of Applicant as a Full Time Lecturer in Marathi Subject."

2.

Mr. Bhargude has filed an affidavit in reply on behalf of respondent Nos. 4 and 5. In para 12 thereof, the following averments have been made :- "12. I say that hence in the light of the abovesaid facts and circumstances that this Honourable Court be pleased to dispose off the said Civil Application thereby to direct the Respondent No.2 to take the decision on the proposal which will be submitted by the Respondent No.4 and 5 and to take the appropriate decision in the light of the order passed by this Honourable Court in Writ Petition No.5584 of 2007 dated 29th September 2007 in a time bound manner." 3.

In the above circumstances, the civil application is disposed of by passing following order :- (i) Respondent Nos. 4 and 5 shall submit the proposal to Respondent No.2 regarding the appointment of the applicant/petitioner as full-time teacher within a period of two weeks from today.

(ii) Respondent No.2 - Deputy Director of Vocational Education and Training, Regional Office, Pune, shall decide the said proposal within a period of two weeks from the date of receipt of the said proposal.

4.

It is made clear that Respondent No.2 shall decide independently on its own merits and in accordance with law and communicate the same to the applicant/petitioner. 5.

Civil Application stands disposed of.

[SMT. SADHANA S.JADHAV, J.] [RANJIT MORE,J.]