Kishor S/O Vinayakrao Somwanshi v. The Education Officer (Secondary),Zilla Parishad,Wardha And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3612 OF 2020 Kishor S/o Vinayakrao Somwanshi, Aged about 49 years, Occu. - Service, R/o. Sant Tukdoji Ward, Hinganghat, District - Wardha.

.... PETITIONER // VERSUS // 1) The Education Officer (Secondary), Zilla Parishad, Wardha.

2) Head Master, Saraswati Vidyalaya, Shegaon Kund, Tah. Samudrapur, District - Wardha.

3) President, Gram Gaurao Shikshan Sanstha, Hinganghat, Tah. Hinganghat, District - Wardha.

4) Dy. Director of Education, Nagpur.

.... RESPONDENTS ______________________________________________________________ Shri N. D. Khamborkar, counsel for the petitioner. Shri S. M. Ukey, Addl. G. P. for the respondent No.1. ______________________________________________________________ CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 22 nd December, 2020 ORAL JUDGMENT : (Per : SUNIL B. SHUKRE, J.)

1.

Leave to add Deputy Director of Education, Nagpur as respondent No.4 and to amend prayer clause (iii) is granted. Amendment be carried out forthwith.

2.

Issue notice for final disposal at admission stage to the respondent No.1 and 4.

3.

Shri S. M. Ukey, learned Addl.G.P. waives service of notice for respondent Nos.1 and 4.

4.

There is no need to issue any notice to respondent Nos.2 and 3, as no relief has been claimed against these respondents. 5.

Rule. Rule made returnable forthwith.

6.

Heard finally by consent of the learned counsel appearing for the parties.

7.

There is a prayer seeking direction to respondent No.4 to consider the claim of the petitioner. The claim of the petitioner is to be found in Annexure 5 at page No.14, the representation dated 20.11.2020 made to the Deputy Director of Education, Nagpur. Considering the nature of the prayer, we partly allow the petition.

8.

We direct the respondent No.4 to consider and decide the representation dated 20.11.2020 filed by the petitioner within a period of three weeks from the date of appearance of the petitioner before respondent No.4. Petitioner to appear before the respondent No.4 on 28.12.2020.

9.

Till then status-quo in relation to work placement of the petitioner as of date, till the representation dated 20.11.2020 is decided in accordance with law.

Rule accordingly. No costs.

(AVINASH G. GHAROTE, J.) (SUNIL B. SHUKRE J.) Kirtak