Nilesh V. Datir v. State Of Maharashtra Through Its Secretary, Deptt. Of Education, Mumbai And 4 Others

2001wp2650.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2650 OF 2015 Nilesh V. Datir Vs. State of Mah. Deptt. of Education & Ors. ........................................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ........................................................................................................................................................................ Shri Anand Parchure Adv for petitioner.

Shri A. V. Palshikar AGP for respondent nos. 1 & 2.

Shri R. L. Khapre, Adv for respondent no. 3.

CORAM: SMT. VASANTI A. NAIK & A. S. CHANDURKAR JJ.

DATED: 20 JANUARY, 2016.

Since it appears that the petitioner was not heard before the approval to his upgradation in 25% quota was cancelled, the following order is passed with the consent of the learned counsel for the parties: 1] The impugned order dated 17.04.2015 would not be acted upon.

2] The respondent no.2-Education Officer (Secondary) would pass an appropriate order after hearing the petitioner, the respondent no.3 and the respondent no. 4 Educational Society. The parties undertake to appear before the Education Officer on 01.02.2016. 3] The Education Officer would take a decision in the matter within a period of six weeks.

2001wp2650.15 4] The respondent should release the salary of the petitioner as Assistant Teacher (Primary) till the issue is decided. 5] No costs.

JUDGE JUDGE svk