Rajesh Mahadavao Bhandare v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2939 OF 2019 Rajesh s/o Mahadavrao Bhandare, Age: 32 years, Occu: Service R/o. Assistant Teacher of Shri.

Shivaji High School, Khokadpura, Shivaji Nagar, Aurangabad ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Department of School Education & Sports, Mantralaya, Mumbai-32 2.

The Deputy Director of Education, Aurangabad Region, near Bhadkal Gate, Aurangabad, Tq. & Dist.

Aurangabad 3.

The Education Officer (Secondary), Zilla Parishad, Aurangabad 4.

Shri Shivaji Mofhat Education Society, Kandhar, Tq. Kandhar, Dist. Nanded, Through its Secretary/Chairman 5.

Shri Shivaji High School, Shivaji Nagar, Aurangabad Through its Headmaster ..RESPONDENTS Mr Ramesh I. Wakade, Advocate for petitioner; Mr S. S. Dande, A.G.P. for respondent Nos.1 to 3 CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 1st MARCH, 2019

(2) ORAL ORDER :

Heard learned Counsel appearing on behalf of the petitioner.

2.

Learned Counsel for the petitioner submits that the petitioner is approaching this Court with a limited prayer i.e. directions to the respondents - authorities, more particularly, respondent No. 3 - Education Officer (Secondary), Zilla Parishad, Aurangabad to decide the proposal for grant of approval.

3.

The petitioner was appointed as Shikshan Sevak on 21st September, 2013. The head master submitted proposal to the Education Officer (Secondary), Zilla Parishad, Aurangbad on 25th November, 2013. Same is received on 27th November, 2013.

4.

Learned Counsel for the petitioner submitted that the petitioner was continuously working in the

(3) said school and by way of resolution dated 28th October, 2017, society granted permanency and regularization to the petitioner. The copy of the said resolution is placed on record at Exhibit-F. It is also submitted in the petition that when the petitioner approached the educational authorities by way of oral request, the authorities assured the petitioner that a decision would be taken on the proposal but as the decision is not taken till date, the petitioner left with no choice but to approach this Court seeking directions.

5.

This being a limited grievance of the petitioner, the petition is disposed of with directions to the respondent - Education Officer (Secondary), Zilla Parishad, Aurangabad to decide the proposal dated 25th November, 2013, if it is not decided till date, as expeditiously as possible and not later than twelve (12) weeks from the date of this order. We make it clear that the Education Officer is at liberty to take decision on the merits of the proposal and verifying the record if

(4) needed.

6.

With these directions, the petition is disposed of.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe