Swati Popat Bansode v. The State Of Maharashtra And ORS

SMITA JOHNSON GONSALVES JOHNSON GONSALVES Date: 2022.02.17 10:09:40 +0530 sg 20.wp6039-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6039 OF 2021 Swati Popat Bansode ..

Petitioner v/s.

The State of Maharashtra & Ors.

..

Respondents ....

Mr. Prashant Bhavake, for the Petitioner.

Mrs. P.N. Diwan, AGP, for State.

Mr. Utkarsh Desai, for Respondent Nos. 6 and 7. ....

CORAM: SUNIL B. SHUKRE & AMIT BORKAR JJ.

DATE : 16 FEBRUARY 2022 P.C:- Heard Mr. Prashant Bhavake, learned Counsel for the Petitioner, Mrs. P.N. Diwan, learned AGP for the State and Mr. Utkarsh Desai, for Respondent Nos. 6 and 7.

2.

Mr. Bhavake, learned Counsel for the Petitioner, submits that during pendency of this petition, on 22 September 2021, Respondent Nos. 6 and 7 sent proposal to Respondent No.5 seeking approval to the appointment of the Petitioner to the post of Shikshan Sevak in Respondent No.7 School, but Respondent No.5 responded by

sg 20.wp6039-21.doc stating that fresh proposal be sent after this petition is decided. 3.

Learned Counsel for the Petitioner seeks leave of this Court to place on record copy of the communication dated 9 November 2021 sent to Respondent No.7 by Respondent No.5. Leave is granted. The communication be taken on record in both sets at this stage.

4.

We are of the opinion that once a proposal has been received by Respondent No.5, there would be no need for Respondent No.5 either to keep the proposal pending till this petition is decided or to call upon Respondent Nos. 6 and 7 to submit a fresh proposal after this petition is decided. Respondent No.5 can still take cognizance of such proposal and decide it in accordance with law. 5.

We, therefore, direct the Respondents to consider the proposal dated 22 September 2021 sent to Respondent Nos. 6 and 7 and decide the same in accordance with law, as expeditiously as possible, preferably within twelve weeks from the date of receipt of the order.

6.

Writ petition is disposed of in above terms. No costs. (AMIT BORKAR J.) (SUNIL B. SHUKRE, J.)