Ravindra Ramkrushna Yeul v. Additional Commissioner Tribal Development Dept., Amravati And Others

911-WP-1112-19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.1112 of 2019 Ravindra Ramkrushna Yeul, R/o Baripura, Anjangaon-Surji, Tq.Anjangaon-Surji, Distt. Amravati.

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PETITIONER.

VERSUS

Additional Commissioner Tribal Development Department, Amravati and three others.

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RESPONDENTS ------ Shri P.S.Patil, Advocate, Advocate for petitioner Shri A.S.Fulzele, Additional Government Pleader for respondent nos. 1 and 2. Shri Pankaj Jibhkate, Advocate for respondent no.3. Shri P. D. Meghe, Advocate for respondent No.4. --------- CORAM :- A.S.CHANDURKAR AND URMILA JOSHI-PHALKE, JJ.

DATE :- SEPTEMBER 06, 2022 P. C.

Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

2.

The grievance of the petitioner is the non-consideration of the proposal that has been forwarded to the respondent no.1-Additional Commissioner, Tribal Development Department, Amravati seeking approval to his promotion on the post of 'Head Master'. The petitioner claims that he has been appointed as Secondary School Teacher on 01.07.1999 and being the senior most teacher his promotion as Head Master is liable to be approved. He also seeks to rely upon recommendations of the Project Officer in that regard. 3.

According to the respondent no.1 since there was some dispute in the Management, the said proposal has not been decided. It is also seen that the respondent no.4 also claims entitlement to the post of 'Head Master' by urging that his services have been approved prior to the approval granted to the petitioner on the post of Secondary School

911-WP-1112-19.odt 2 Teacher.

4.

Be that as it may, we find that the proposal of the petitioner has been forwarded by the President of the Education Society on 24.07.2014 and it is pending with the respondent no.1-Additional Commissioner, The interests of justice would be served by directing the respondent no.1 to take a decision on the aforesaid proposal after giving due opportunity to all concerned parties including the petitioner, respondent no.4 as well as the Management. The parties are free to place all relevant material before the respondent no.1. To enable this exercise to be conducted, the parties shall appear before the respondent no.1-Additional Commissioner on 19.09.2022. The respondent no.1 shall take a decision on the said proposal within a period of four weeks from that date. Decision taken by the respondent no.1 shall be communicated to the parties. All points on merit raised in the writ petition and in the replies are kept open. 5.

Rule stands disposed of in aforesaid terms with no order as to costs.

( URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 07.09.2022 17:43