Pratibha Asaram Chavan v. The State Of Maharashtra And Others

1 W.P.No.964/15 UNREPORTED

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.964 OF 2015.

Smt.Pratibha Asaram Chavan, Age 31 years,Occ.Nil, R/o Plot No.54, Dakshata Colony, New Sakri Road, Dhule, Taluka and Dist.Dhule.

... Petitioner.

Versus

1. State of Maharashtra, through Principal Secretary, Secondary and Higher Secondary Education Department, Mantralaya, Mumbai-32.

2. The Deputy Director of Education, Nasik Division, Nasik.

3. The Education Officer (Secondary), Zilla Parishad, Dhule.

... Respondents.

...

Mr.P.B.Shirsath,advocate for the Petitioner.

Mr.K.J.Ghute Patil, Asstt.Govt. Pleader for the State.

...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

Date : 27.01.2015.

2 W.P.No.964/15 ORAL JUDGMENT (Per S.V.Gangapurwala,J.) 1.

Heard.

2.

Rule.

3.

Learned Asstt. Govt. Pleader waives notice of Rule.

4.

Rule returnable forthwith. With the consent of the parties, taken up for final hearing.

5.

Mr.Shirsath, learned counsel submits that vide order dated 22.7.2011, the petitioner was absorbed as Shikshan Sevak but the said order came to be cancelled by the Education Officer on 6.7.2012. According to the learned counsel, the petitioner was not accommodated pursuant to the order of the Education Officer. 6.

The learned counsel submits that in similar set of facts, this Court in W.P.No.7820/2011 directed the party to make

3 W.P.No.964/15 comprehensive representation and the Education Officer was directed to take decision on the same within six (6) weeks of the receipt of of representation.

7.

We have heard Mr.Ghute Patil, learned Asstt. Govt. Pleader also.

8.

It is not disputed that vide order dated 22.7.2011, the petitioner was directed to be absorbed and vide order dated 6.7.2012, the said order of absorption was cancelled. One of the person who was directed to be absorbed vide order dated 22.7.2011 had filed W.P.bearing No.7820/2011. This Court vide order dated 10.10.2012, disposed of the said Writ Petition by giving directions.

9.

In light of the above, we pass the following order :

a) In these circumstances, it would be open for petitioner to make a comprehensive representation within a period of two weeks from

4 W.P.No.964/15 today to Education Officer (Secondary), Zilla Parishad, Dhule putting forth his grievance. On receipt of such representation of the petitioner within two weeks, Education Officer (Secondary), Zilla Parishad, Dhule shall take a decision after giving an opportunity of hearing to petitioner within six weeks thereafter.

b) Rule accordingly disposed of. No costs.

(V.L.ACHLIYA,J.) (S.V.GANGAPURWALA,J.) asp/office/wp96415

5 W.P.No.964/15 With Best Compliments :

Justice Sanjay V.Gangapurwala.

Mrs.Sangeeta Sanjay Gangapurwala.

6 W.P.No.964/15