Kishor Balraj Totawar v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12225 OF 2017 Kishor s/o Balraj Totawar, Age: 30 years, Occu: Service as Shikshan Sevak, R/o. C/o.

P.I. Govindwar, Natkar Galli, Degloor, Dist. Nanded ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Secretary, Department of School Education, Mantralaya, Mumbai-32 2.

Education Officer (Secondary), Zilla Parishad, Nanded 3.

The President / Secretary Shri. Sant Gadgebaba Shikshan Prasarak Mandal, Degloor, Tq. Degloor, Dist. Nanded 4.

The Headmaster, Shri. Sant Gadgebaba Pannchpura Madhymic Vidyalaya, Malegaon (Mk.), Tq. Degloor, Dist. Nanded ..RESPONDENTS Mr V. S. Panpatte, Advocate for petitioner;

Mr S.M.Ganachari, A.G.P. for respondent Nos.1 & 2; Mr H.S. Bedi, Advocate for respondent Nos.3 & 4 CORAM : PRASANNA B. VARALE AND SUNIL K. KOTWAL ,JJ.

DATE : 31st OCTOBER, 2018

(2) ORAL ORDER :

Heard Mr. Panpatte, learned Counsel appearing for the petitioners.

2.

The grievance raised in the petition is limited and basic prayer in the petition is prayer clause (B), which reads thus :

"B.

By issuance of appropriate writ of direction, Respondent No. 2 Education Officer (Secondary), Zilla Parishad, Nanded, may pleased be directed to forthwith decide the proposal dated 01.08.2017 for grant of approval to the appointment of petitioner as Shikshan Sevak."

3.

Mr. Panpatte, learned Counsel appearing for the petitioner submitted that the petitioner was appointed by following due procedure namely the respondent management issued an advertisement in the newspaper calling upon the candidates. The petitioner was one of such candidates who respondent to the advertisement and stake his

(3) claim. The petitioner was selected and was appointed on 1st August, 2017 and in due course, proposal of the petitioner was submitted for grant of approval. He invited our attention to the proposal. Copy of the proposal is placed on record at Exhibit-F. The head master, by this communication/proposal, prayed for grant of approval to the petitioner. He then submitted that though the proposal is submitted on 1st August,2017 along with all requisite material and documents, the proposal is not decided till date.

4.

This being a limited grievance of the petitioner, in our opinion, the petition can be disposed of by giving direction to respondent No.2 Education Officer (Secondary), Zilla Parishad, Nanded. Though the petitioner prays for direction to respondent - Education Officer (Secondary), Zilla Parishad, Nanded to decide the proposal forthwith, we direct the said authority to decide the proposal dated 1st August, 2017 as expeditiously and not later than eight weeks from

(4) the date of the order of this Court.

5.

Mr. Panpatte, learned Counsel for the petitioner submits that the petitioner would submit the copies of certain judgments of this case in case of other employees who were identical circumstanced with the petitioner. The petitioner to submit such copies to the Education Officer (Secondary), Zilla Parishad, Nanded within a period of two weeks from today. The Education Officer, needless to state, to decide the proposal on its own merits and if needed, to grant opportunity of hearing to all the concerned parties.

6.

With this direction, the petition is disposed of.

( SUNIL K. KOTWAL ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe