Gopalprasad Balaprasad Awasthi v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1692 OF 2016 Gopalprasad Balaprasad Awasthi .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri S. V. Warad, Advocate for the Petitioner. Shri K. D. Mundhe, A.G.P. for Respondent Nos. 1 and 2. Shri S. S. Manale, Advocate for the Respondent No. 3. CORAM : S. V. GANGAPURWALA AND S. M. GAVHANE, JJ.

DATE : 12TH OCTOBER, 2017.

FINAL ORDER :

.

Mr. Warad, the learned counsel for the petitioner submits that, the respondent No. 3/Management is not yet submitting the proposal though assured by the respondent No. 3 in the hearing that had taken place on August 11, 2016.

2.

Mr. Manale, the learned counsel for the respondent No. 3 submits that, the respondent No. 3 would submit the proposal, however, the petitioner should not claim any benefit from the management.

3.

Mr. Ward, the learned counsel for the petitioner on

2 wp 1692.16 instructions of the petitioner submits that, the petitioner would not claim any monetary benefits from the management or even against the department.

4.

The petitioner is seeking absorption pursuant to Rule 26 of the Maharashtra Employees of Private Schools (Conditions of Service Regulations) Rules. The respondent No. 3 shall forward the proposal to the respondent No. 2 within a period of three (03) weeks from today. On receipt of the said proposal, the respondent No. 2 shall take decision upon it, on its own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from receipt of the proposal. The respondent No. 2 shall consider all the relevant aspects of the matter including Rule 26 of the M. E. P. S. Rules. The writ petition accordingly disposed of. No costs.

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.] bsb/Oct. 17