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Bombay High CourtWP/8356/2022disposed off

Amol Ankush Sabale v. The State Of Maharashtra Through Principal Secretary And Others

2022-08-18Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Arun R. Pedneker3 pages

1 wp 8356.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 76 WRIT PETITION NO.8356 OF 2022 AMOL ANKUSH SABALE

VERSUS

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

Advocate for Petitioner: Mr. Rahul B. Temak AGP for Respondent/State: Mr. S. K. Tambe ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 18th AUGUST, 2022 PER COURT:

1.

The Petitioner has put-forth prayer clause 'A', as under:- "A) By a writ of mandamus or orders or directions in the nature of mandamus, the Respondent No.3 Education Officer Ahmednagar (Secondary) may kindly be directed to deicide and sanction the approval of the petitioner for the post of Shikshan Sevak Within period of 4 weeks."

2 wp 8356.2022 2.

We have considered the submissions of the learned Counsel for the respective sides.

3.

The Management has forwarded the proposal of the Petitioner after removing the deficiencies, vide communication dated 30.12.2021. Earlier, the proposal was found to be lacking in details and hence, the Education Officer (Secondary) had returned the proposal setting forth the deficiencies.

4.

The learned AGP submits that if the deficiencies are removed and if the competent authority is convinced that there are no deficiencies, a decision on the proposal would be taken.

5.

In view of the above, this Petition is disposed off. Respondent No.2 would consider the proposal dated 30.12.2021, on it's merits and by considering the record available. It be kept in mind that the Petitioner has been appointed on compassionate basis and the factum of his father having lost 100% vision leading to his disability

3 wp 8356.2022 and removal from service, is undisputed. We expect the Education Officer to take a decision on or before 15.10.2022, provided the documents and the proposal is in order.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe