Sou Nisha Prashant Pawar Nee Shakuntala Rajaram Gaikwad v. The State Of Maharashtra Thr The Secretary

48_WP6444_21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6444 OF 2021 Nisha Prashant Pawar ...

Petitioner Vs.

State of Maharashtra and others ...

Respondents Mr. Utkarsh Desai i/b. Mr. P. S. Bhavake for Petitioner. Mrs. P. J. Gavhane, AGP for Respondent Nos.1 to 5. CORAM : R. D. DHANUKA & R. N. LADDHA, JJ.

DATE :

DECEMBER 20, 2021 P.C. :- Matter is on Board and is mentioned at 4:50 pm. 2.

Mr. Desai, learned counsel for the petitioner seeks liberty to delete respondent Nos.6 and 7 from the cause title of the petition. Leave to amend is granted. Amendment to be carried out by tomorrow. Reverification is dispensed with. 3.

Rule. Mrs. Gavhane, learned AGP waives service for respondent Nos.1 to 5-State. By consent of parties, petition is heard finally. 4.

By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for a writ of mandamus against the management to submit appropriate proposal to the Education Officer and for other reliefs.

5.

Learned counsel for the petitioner states that the management has already submitted a proposal to respondent No.5 on 10.11.2021. He tenders a copy of the letter dated 15.11.2021 addressed by the Education Officer (Secondary), Zilla Parishad, Sangli to the Head Master of 1/2

48_WP6444_21.doc respondent No.7 - School stating that the management shall submit a proposal after disposal of this writ petition filed by the petitioner. 6.

In our view, the Education Officer is not required to wait for disposal of this writ petition. We accordingly direct the Education Officer to dispose of the proposal dated 10.11.2021 submitted by the management for granting approval to the appointment of the petitioner to the post of full-time Assistant Teacher within four week from today without fail. The order that would be passed by the Education Officer shall be communicated to the petitioner within a week from the date of passing of such order. If the order is in favour of the petitioner, the Deputy Director of Education shall enter name of the petitioner in Shalarth Pranali within two weeks from the date of the order of approval granted by the Education Officer. The Education Officer shall grant all consequential benefits to the petitioner within four weeks from the date of entering name of the petitioner in Shalarth Pranali by the Deputy Director of Education.

7.

Writ petition is allowed in aforesaid terms. Rule is made absolute accordingly. There shall be no order as to costs. 8.

It is made clear that this Court has not expressed any views on merits of the matter. All contentions of both the parties are kept open. 9.

Parties to act on an authenticated copy of this order. (R. N. LADDHA, J.) (R. D. DHANUKA, J.) Minal Parab 2/2