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Bombay High CourtWP/421/2016disposed off

Shri. Anwar Abdul Karim Solkar v. The State Of Maharashtra Through Its Secretary, Dept. Of School Edu. And ORS.

2016-09-07Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Anoop V. Mohta2 pages

pvr 1/2 9wp421-16dfg%5B%5D\.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 421 OF 2016 Shri. Anwar Abdul Karim Solkar

...Petitioner

Versus

1.The State Of Maharashtra Through Its Secretary, Dept. Of School Edu. And Ors.

...Respondents

Mr.Subhash V. Gutte, for the Petitioner.

Mr.V.N.Sagare, AGP for Respondent Nos.1 to 4. ...

CORAM :

ANOOP V. MOHTA & G.S.KULKARNI, JJ.

DATE:

7th September,2016.

---- ORDER :

1.

On hearing the Petitioner, we are inclined to dispose of the petition in view of the Judgment dated 13th August,2012 of the Division Bench of this Court so cited by the learned Counsel appearing for the Petitioner and specifically in Writ Petition No.2354 of 2012, as the learned AGP also conceded to this position in so far as prayer clause (c) is concerned, and as the same is covered by the judgment so cited. 2.

In view this, the present petition is allowed in terms of prayer clause (c) which reads thus:- "(c) This Hon'ble Court may be pleased to issue Writ

pvr 2/2 9wp421-16dfg%5B%5D\.doc of Mandamus or any other appropriate Writ order or directions in the like nature there by to direct the Respondents No.1 to 4 to take decision on the proposal of the Petitioner submitted by the Respondent No.5 for up gradation of the petitioner from the post of PartTime Librarian to the post of Full-Time Librarian granting all consequential benefits of the salary and arrears from the date of (second) proposal (at Exh.'G') with effect from the date of proposal 01.12.2010 as per G.R. Dated 03.08.2006 within time bound."

3.

It is made clear that the decision be taken as early as possible preferably within six weeks and inform the Petitioner accordingly. 4.

The Writ Petition is accordingly disposed of. No order as to costs.

(G.S.Kulkarni, J.) (Anoop V. Mohta, J.)