Rajtilak Vijay Sonar v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.756 OF 2019 Dhiraj Vishwasrao Borse, Age: 34 years, Occu: Service, R/o Amalner, Tq. Amalner, Dist. Jalgaon ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Secretary, Water Supply and Sanitation Department, Mantralaya, Mumbai-32 2.

The Zilha Parishad Jalgaon, Through Chief Executive Officer Rural Development And Water Conservation Department, Bhadkam Bhavan, 25 Manzban Path, Fort, Mumbai 400 001 ..RESPONDENTS WITH WRIT PETITION NO.759 OF 2019 Rajtilak Vijay Sonar, Age: 42 years, Occu: Service, R/o. Plot No.12, Kele Nagar, Tq. Amalner, District Jalgaon ..PETITIONER

VERSUS

1.

The State of Maharashtra, Through Secretary, Water Supply and Sanitation Department, Mantralaya, Mumbai-32

(2) 2.

The Zilha Parishad Jalgaon, Through Chief Executive Officer Rural Development And Water Conservation Department, Bhadkam Bhavan, 25 Manzban Path, Fort, Mumbai 400 001 ..RESPONDENTS Mr S. B. Bhosale, Advocate for petitioners;

Mr S. S. Dande, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 22nd JANUARY, 2019 ORAL ORDER :

Heard learned Counsel appearing on behalf of the petitioners.

2.

The learned Counsel for the petitioners orally prays for placing on record the appropriate documents. It is submitted that inadvertently the documents which were to be placed on record in Writ Petition No.759 of 2019 are placed in Writ Petition No.756 of 2019. The oral prayer is allowed. Amendment be carried out during the course of the day.

(3) Both these petitions raised a common grievance, namely, pendency of the proposal and non-decision on the said proposal. The petitioners were appointed as Junior Engineers by following due procedure on contractual basis some time in the year 2011. A reference is made in the petitions to various Government Resolutions. Then it is stated that some of the similar circumstanced employees approached this Court seeking relief of the regularization in the service and there is decision of this Court dated 6th February, 2018 in Writ Petition No. 10060/2017. There are also certain orders passed by the Administrative Tribunal, copy of one of such orders is placed on record at Exhibit-L.

4.

Learned Counsel submitted that the present petitioner along with another similar circumstanced employee Mr Rajtilak Vijay Sonar submitted representation to the State of Maharashtra through

(4) Chief Executive Officer, Zilla Parishad, Jalgaon on 15th September, 2018. It is also the submission of the Counsel that the petitioners have completed more than seven years service. It was then submitted before us by inviting our attention to the communication dated 4th December, 2017 forwarded through the Desk Officer, State of Maharashtra to the Chief Executive Officer, Zilla Parishad, Jalgaon. It refers to the representation of the petitioners submitted to the State and the Chief Executive Officer is informed to submit his status report.

The communication dated 4th December, 2017 is received in the office of the Zilla Parishad, Jalgaon on 17th January, 2018 and on the very day, the Executive Engineer, Zilla Parishad, Jalgaon submitted certain information to the Chief Executive Officer, Zilla Parishad, Jalgaon.

5.

Considering all these facts, we are of the opinion that the petitions can safely be disposed of by directing respondent No.2 - Zilla Parishad,

(5) Jalgaon to respond the communication dated 4th December, 2017, issued by the Desk Officer of the State of Maharashtra and received by the Zilla Parishad, Jalgaon on 17th January, 2018, as expeditiously as possible and not later than eight weeks from today and respondent No.1, in turn, receiving the proposal from the Chief Executive Officer, Zilla Parishad, Jalgaon to take decision on the proposal expeditiously and not later than six weeks, needless to state on the merits of the proposal, considering the judgment and order of this Court in the Writ Petition No.10060/2017. With these directions, the petitions are disposed of.

(S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe