Gautam Vinayak Patil v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14773 OF 2017 Gautam Vinayak Patil .. Petitioner

Versus

The State of Maharahtra and others .. Respondents Shri Ramesh I. Wakade, Advocate for the Petitioner. Shri S. G. Karlekar, A.G.P. for Respondent Nos. 1 to 3. Respondent No. 4 served.

Shri M. A. Khan, Advocate for Respondent No. 5. CORAM : S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATE : 26 th June, 2018 PER COURT :

1.

We have heard Mr. Wakade, learned counsel for the petitioner, Mr. Khan, learned counsel for the institution and the learned Assistant Government Pleader.

2.

The grievance of the petitioner is that though he had sought voluntary retirement and the said proposal was also forwarded by the institution after compliance of all the deficiencies, the Joint Director, Vocational Education and

2 wp 14773.17 Training, Regional Office, Aurangabad has not taken any decision upon it.

3.

We may not enter into the merits of the matter. It is seen that the proposal for voluntary retirement of the petitioner was initially forwarded by the institution to the authority. The authority returned it back pointing out some deficiencies. The institution cleared the deficiencies and again resubmitted the proposal. Respondent no. 3 forwarded the said proposal to the Joint Director, Vocational Education and Training, Regional Office, Aurangabad on 13th July, 2015 (Page No. 101). The same is not yet decided and is pending.

4.

In the light of above, we direct the Joint Director, Vocational Education and Training, Regional Office, Aurangabad to decide the said proposal seeking voluntary retirement (Page No. 101) expeditiously, on its own merits and preferably within a period of four (4) months. Depending upon the decision on the proposal, the further steps with regard to the pensionary benefits of the petitioner be taken.

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As far as salary for the period 06.03.2012 to 09.02.2014 is concerned, the petitioner may take other recourse available and permissible.

6.

With these observations, writ petition is disposed of. No costs.

[SUNIL K. KOTWAL, J.] [S. V. GANGAPURWALA, J.] marathe