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Bombay High CourtWP/1326/2019disposed offdismissed for default

Umesh Padam Rathod v. The State Of Maharashtra And Others

2019-02-26Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1326 OF 2019 UMESH PADAM RATHOD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.Dhanaji S. Kudale, Advocate for the petitioner Mr.S.S.Dande, AGP for the respondents/State CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

26.02.2019 P.C. :- .

Heard learned counsel for the petitioner.

2.

Considering the limited grievance raised in the petition, we are of the opinion that the petition can be disposed of at the stage of admission even though the petitioner is approaching this Court after considerable length period. The petitioner was possessing the requisite academic qualification as such in response to advertisement issued by respondent No.5 for appointment of teachers, the petitioner submitted his claim and the petitioner was appointed in the year 2013. Copy of the appointment order is placed on record at Exh.D. Respondent No.5 submitted proposal for grant of approval to the appointment of the petitioner to respondent No.4

( 2 ) Assistant Commissioner, Social Welfare Office, Jalgaon, Dist. Jalgaon on 24.05.2013. Copy of covering letter is placed on record at Exh.E. The petitioner has also placed on record the list of the documents submitted alongwith the proposal. Learned counsel submitted that the petitioner was approaching the authority time and again and only oral assurances were given and subsequently orally it was informed to the petitioner that the petitioner's proposal cannot be considered. The petitioner was then came across the Government Resolution dated 24.08.2018 wherein a reference is made to the decision of this Court at principal seat and also the State Government in its discretion extended the period for considering the proposals. Thus, the petitioner is approaching this Court seeking directions to the authorities to decide the proposal submitted before it. 3.

In view of above referred facts, we dispose of the petition with direction to respondent No.4 to decide the proposal dated 24.05.2013 received by him on 31.05.2013 through respondent No.5, needless to state on merits of the proposal.

( 3 ) 4.

With the above directions, the writ petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/wp1326.19