Nagorao Kashinathrao Panchal v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:8210-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 WRIT PETITION NO.3894 OF 2024 NAGORAO KASHINATHRAO PANCHAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.K. Mathpati, Advocate for petitioner Mr. A.M. Phule, AGP for respondent Nos.1 to 3 Mr. A.T. Kanawade, Advocate for respondent No.4 ...

CORAM :

SMT. VIBHA KANKANWADI & S.G. CHAPALGAONKAR, JJ.

DATE :

16th APRIL, 2024 ORDER :

Heard learned Advocate Mr. S.K. Mathpati for the petitioner, learned AGP Mr. A.M. Phule for respondent Nos.1 to 3 and learned Advocate Mr. A.T. Kanawade for respondent No.4.

Present petition can be disposed of in view of the fact that the proposal forwarded by respondent No.4 on 13.02.2024 is still pending before respondent No.3 for grant of permanent approval to the appointment of the petitioner on the post of Head Master of the school.

WP_3894_2024 Learned AGP, on instructions, submits that since there is Code of Conduct, sufficient time be given, which would be after the Code of Conduct, to decide the proposal. He points out paragraph No.22 under Welfare Schemes and Governmental Works from the Do's and Don'ts regarding Enforcement of the Model Code of Conduct issued by the Secretariat of the Election Commission of India. However, we are of the opinion that since it is the promotion given by respondent No.4 to the petitioner, which is to be approved by respondent No.3, then there shall not be any hurdle. By giving opportunity of hearing to the petitioner as well as respondent No.4, respondent No.3 to decide the said proposal within a period of three months from today.

The Writ Petition stands disposed of.

( S.G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd