Arunodaya Bahuuddeshiya Vikas Sanstha, Nagpur Thr. Its Secretary And Others v. Deputy Director Of Education, Nagpur Division, Nagpur And Another

1 49 wp 6568-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6568/2023 Arunodaya Bahuudeshiya Vikas Sanstha, Nagpur, through its Secretary, and others Vs. Deputy Director of Education, Nagpur Division and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.N. Shende, Advocate for petitioners Shri A.M. Ghagre, AGP for respondent Nos.1 and 2 CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ..

DATED : 04/04/2024 Heard Shri P.N. Shende, learned Counsel for petitioner and learned Assistant Government Pleader for respondents.

2.

The petition questions the communication dated 22/05/2023 (page 26), by which the proposal dated 21/03/2023 seeking approval to the petitioner to the appointment of the petitioner as a Peon in the petitioner No.2 Institution from 01/08/2015, has been rejected, on the ground of there being a ban on recruitment. This plea, is clearly not available to the respondents as the vacancy was already in existence. However, since it has not been demonstrated that the proposal was returned back on the above ground, we dispose of the petition by directing the respondents to consider the proposal dated 21/03/2023 from the date of its receipt.

3.

Any salary/means, payable prior to that shall be borne by the Management.

JUDGE JUDGE R.S. Sahare