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Bombay High CourtWP/12259/2023disposed off

Alka Manik Dalvi v. State Of Maharashtra Through Its Secretary And Others

2023-10-18Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

1 932WP12259.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 12259 OF 2023 Smt. Alka Manik Dalvi, Age : 49 years, Occu. Service as Assistant Teacher presently working with Zilla Parishad, Primary School Dombarewasti (Wambori), Tq. Rahuri, Dist. Ahmednagar.

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

.....

Mr. K. D. Pote h/f Mr. A. G. Ambetkar - Advocate for the petitioner Mr. A. V. Deshmukh - AGP for respondents/State Authorities Mr. M. V. Narwade - Advocate for Zilla Parishad, Ahmednagar. .....

CORAM :

RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATED :

18th OCTOBER, 2023 PER COURT : - 1.

The petitioner, unfortunately, is a Cancer patient. She is posted at a remote place in Rahuri taluka. Her family and home is in Ahmednagar and it is easier for her to travel to Pune for the treatment.

2.

She had approached this Court vide Writ Petition No. 7393 of 2023, requesting that her representation be sympathetically considered. This Court, therefore, ordered accordingly on 04.07.2023. The Chief Executive Officer, Zilla Parishad, Ahmednagar, has written a

2 932WP12259.2023.odt long order repeatedly acknowledging that the petitioner is in a special category as she is suffering from a serious ailment and, yet, in the conclusion, he observes that the petitioner should file an online application. The learned advocate for the Zilla Parishad is not aware as to whether the online portal is open today. In the meanwhile, the petitioner has approached the Divisional Commissioner at Nashik and the matter is posted for hearing and orders, tomorrow. 3.

We, therefore, direct the Divisional Commissioner, Nashik to consider the serious condition of the petitioner and rather than compelling her to complete the formality of filing an online application, her request may be considered without insisting on an online application. We expect the said authority to pass an order after tomorrow's hearing, within fifteen (15) days. 4.

With the above directions, this petition is disposed off. [Y. G. KHOBRAGADE] [RAVINDRA V. GHUGE] JUDGE JUDGE SG Punde