Bhagwanprasad S/O Hiralal Thakur v. The State Of Maharashtra, Dept. Of School Educaton And Sports, Mumbai Thr. Its Secretary And Others

0312wp8055.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 8055 OF 2018 (Bhagwanprasad s/o Hiralal Thakur vs. The State of Maharashtra and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri V.P. Marpakwar, Advocate for petitioner. Ms. N.P. Mehta, Assistant Government Pleader for respondent nos.1 and 2.

------- CORAM : NARESH H. PATIL, CHIEF JUSTICE AND N.W. SAMBRE, J.

DATED : DECEMBER 3, 2018 P.C.

Against the order dated 7/11/2012 passed by Chief Executive Officer, Zilla Parishad, petitioner preferred appeal bearing No. 17/DB/MDS/Amravati/ 2015-16 before Additional Commissioner, Amravati Division, Amravati. By order dated 30/11/2016, the Additional Commissioner allowed the appeal. The operative part of the said order dated 30/11/2016 reads as under :

"1) Appeal is allowed.

2) Order of the Chief Executive Officer, Zilla Parishad, Amravati dated 7/11/2012 is quashed and set aside.

3) Inform to parties and consign to Record." The grievance of the petitioner is that in spite of repeated reminders/representations to the Additional

0312wp8055.18 2/2 Commissioner and Education Officer, petitioner is not getting the relief granted by the order passed by the Additional Commissioner.

2) In the facts, we observe that petitioner is at liberty to file a fresh representation before Additional Commissioner, Amravati Division, Amravati within two weeks from today in respect of non implementation of his order. In case Additional Commissioner receives such representation and it is noticed that there has been non compliance of the order by the Education Officer, then the Additional Commissioner would take necessary steps so that benefit under the order passed by him reaches the petitioner at the earliest. The petition is disposed of.

(N.W.SAMBRE, J.) (CHIEF JUSTICE) khj