Kumari Ankita Dilip Adagale v. The Principal Seventh -Day High School , Lasalgaon And ORS.

1 8.9253.17 wp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 9253 OF 2017 Kumari Ankita Dilip Adagale .....Petitioner V/s.

The Principal Seventh - Day High School ....Respondents Lasalgaon and others Mr. Bhushan U. Deshmukh for the petitioner Mr. A. P. Vanarase AGP for the State.

CORAM :

NARESH H. PATIL AND NITIN W. SAMBRE, JJ.

DATE :

JANUARY 24, 2018.

P.C.

Heard. We have perused the communication dated 30/06/2009 wherein it was informed by Mr. P. S. Gaikwad Executive Secretary to Principal Seventh Day Higher Secondary School in respect of appointing Ankita, daughter of Dilip Adagale, a handicapped person, on sympathetic ground.

The counsel appearing for the petitioner submits that accordingly, the petitioner was appointed on consolidated salary of Rs. 2070/-. She was orally terminated in the year 2010. The counsel submitted that ism

2 8.9253.17 wp thereafter, a petition in Consumer Court was filed and later on, proceedings were initiated with the respondent no. 3 by filing complaint no. 33 of 2013.

By a reasoned order, the Commissioner dismissed the complaint on 23/08/2013. The Petitioner, after keeping quite for near about 4 years, preferred this petition seeking direction to the respondent to reinstate her by quashing and setting aside the order of commissioner. Firstly, we find that there is noticeable delay in petitioner approaching this Court. On merits, we find that the petitioner was not appointed by following prescribed mandatory procedure. The petitioner has failed to place on record any formal order of appointment. According to the counsel of the petitioner, the petitioner was orally terminated. The Commissioner has recorded reasons in rejecting the complaint. In the facts, we are not inclined to interfere. The petition is dismissed.

[NITIN W. SAMBRE, J.] [NARESH H. PATIL, J.] ism