Sunil Chavdas Borole v. The State Of Maharashtra Through Principal Secretary, Dept. Of Primary Education And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8292 OF 2014 Sunil Chavdas Borole, Age-46 years, R/o-92/19, Sanmitra Apartment, Mahesh Society, Bibvewadi, Pune.

....Petitioner.

Vs.

The State of Maharashtra through, Principal Secretary, Department of Primary Education, Mantralaya, Mumbai.

The Dy. Director of Education, Pune Region, Pune.

The Education Officer, Payment & Pension Department, (Primary), Pune Zilha Parishad, Pune.

The Head of Education Department, Pune Municipal Council, Shikshan Mandal, Pune.

The Vishwakarma Vidyalaya through, Head Master (Marathi-Primary), 666, Uppar Indira Nagar, Bibvewadi, Pune-411 037.

Bansilal Ramnath Agrawal, Charitable Trust, Through Secretary, Uppar Indira Nagar, Bibvewadi, Pune-411 037.

....Respondents.

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ssm 2 Mr. Tejpal Ingale i/by Mr. Umesh Pawar for the Petitioner. Mr. Vikas Mali, AGP for the Respondent Nos. 1 and 2. Mr. R.S. Khadapkar for the Respondent No.4.

CORAM : SMT. VASANTI A. NAIK AND C.V. BHADANG, JJ.

DATE : 21st JANUARY 2015.

ORAL JUDGMENT (PER SMT. VASANTI A. NAIK, J.):- Rule, rule made returnable forthwith.

The Petition is heard finally, at the stage of admission. The only prayer made by the learned counsel for the Petitioner is for a direction to the Respondent No.2-Deputy Director of Education, Pune to forthwith decide the proposal of the Petitioner, as submitted by the Respondent No.5-School on 7.3.2014, in regard to the age relaxation. Shri Mali, the learned Assistant Government Pleader appearing on behalf of the Deputy Director of Education, Pune states that the proposal of the Petitioner would be decided as early as possible. In view of the aforesaid, the Writ Petition is partly allowed. The Deputy Director of Education Pune, is directed to decide the proposal for age relaxation of the Petitioner dated 7.3.2014, as early as possible and positively within a period of four months.

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ssm 3 The Respondents should also pay the unpaid salary of the Petitioner till the proposal of the Petitioner is decided, within a period of two months.

Rule is made absolute in the aforesaid terms, with no order as to costs.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.) 3/3