Pankaj Tanaji Patil v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:27159-DB 1 32.WP-9585-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9585 OF 2024 PANKAJ TANAJI PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mrs. Sonawane Sunita G. AGP for Respondents/State : Mr. V.M. Kagne Advocate for Respondent No.4 : Mrs. Kavita S. Bhale ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 18th NOVEMBER 2024 PER COURT :

.

Heard.

2.

Issue notice to the respondents. Learned AGP waives service of notice for respondents/State. Mrs. Bhale learned Counsel waives service of notice for respondent no.4.

3.

The petitioner has impugned the order of direction dated 19.01.2024, refusing the approval for the availability of the post. 4.

Learned AGP has brought on record the Government Resolution dated 27.03.2024 and submits that the alternate remedy is available to the petitioner. The Court had taken a view that after

2 32.WP-9585-2024.doc this resolution, the decision of the Education Officers (Secondary) taken up after the 1st January, 2024, should be dealt with by way of appeal.

5.

Leave granted to withdraw this petition with a liberty to file appeal as per the Government Resolution 27.03.2024. The appellate authority should consider the time spent before this Court pursuing the petition against the impugned judgment and order while considering the delay caused in preferring the appeal. 6.

With this, the writ petition is disposed of as withdrawn. [ SHAILESH P. BRAHME, J.] [ S. G. MEHARE, J.] Najeeb..