Nandatai Laxman Harale v. Zilla Parishad Nanded Through Chief Executive Officer Nanded And Others

1 26-wp 8452-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8452 OF 2017 Nandatai Laxman Harale .. Petitioner

Versus

Zilla Parishad, Nanded through Chief Executive Officer, Nanded and others .. Respondents Smt. Jayashree Nawale, Advocate h/f Mr. V. D. Salunke, Advocate for the Petitioner.

Mr. K. B. Jadhavar, AGP for Respondents/State. Mr. Ashish B. Shinde, Advocate for Respondent Nos. 1 and 2. Mr. A. D. Reddy, Advocate for Respondent No. 3. Mr. V. D. Gunale, Advocate for Respondent No. 4. Mr. S. B. Pulkundar, Advocate for respondent No. 1. CORAM : KISHORE C. SANT, J.

DATED : 04th JULY, 2023.

P. C. :- .

The main grievance of the petitioner is that the respondent No. 4 was appointed as Instructor by respondent No. 3 - management. Though the petitioner and respondent No. 4 both were eligible to be appointed as Instructor it was the stand of the management that there is only one post available and therefore respondent No. 4 was appointed as Instructor in the year 1997 whereas, the petitioner was appointed as Social Worker in the year 1999. It is informed that, now two posts are available of the Instructor and therefore, the petitioner

2 26-wp 8452-2017.odt also can be accommodated on one of the said posts as both are eligible. The copy of letter dated 30.06.2023 is produced on record issued by the District Social Welfare Officer, Zilla Parishad, Nanded to that effect. In view of this, it is for the management to send the proposal for approval of the petitioner.

2.

Learned advocate for respondent makes a statement that, if such proposal is received, the same will be considered by the Zilla Parishad in accordance with law.

3.

The management has to submit the proposal to the District Social Welfare Officer who has to forward it to the Divisional Social Welfare Officer, Latur (now renamed as Deputy Social Welfare Commissioner, Latur) and it is for that Commissioner to grant approval to the posts. 4.

In view of the same, the petition can be conveniently disposed off by directing the management to forward the proposal of the petitioner to the District Social Welfare Officer.

5.

The management to forward the proposal of the petitioner as well as respondent No. 4 within a period of four (04) weeks from today to the District Social Welfare Officer. The District Social Welfare Officer shall forward the proposal to the Divisional Social Welfare Officer,

3 26-wp 8452-2017.odt Latur, Division Latur within a period of four (04) weeks thereafter. The respondent No. 5 i.e. Divisional Social Welfare Officer to take decision on the proposal within a period of four (04) weeks thereafter. 6.

The writ petition is thus disposed off in above terms. 7.

It is expected that the entire exercise would be completed by the end of 31.12.2023.

( KISHORE C. SANT, J. ) P.S.B.