Archana Hanumant Chopade v. State Of Maharashtra Through The Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by Rajesh V.

Date: 2020.10.12 14:01:56 +0530 WRIT PETITION NO.3557 OF 2019 Archana Hanumant Chopade ...

Petitioner

Versus

State of Maharashtra And Others ...

Respondents .....

Mr. Prashant D. Patil for the Petitioner.

Rajesh V.

Ms. M.S. Shrivastav, AGP for the Respondents-State. .....

CORAM : S.C. GUPTE & MADHAV JAMDAR, JJ DATE : 8 OCTOBER 2020 P.C. :

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Heard learned Counsel for the parties. Rule. Rule is taken up for hearing forthwith by consent of learned Counsel for both parties. This petition seeks direction to Respondent No.2 to consider expeditious approval of the Petitioner's appointment as "Shikshan Sevak" and pay her regular salary after such approval (including arrears). The Petitioner was appointed as Shikshan Sevak on a clear vacant post in Respondent No.4-school after superannuation of a permanent teacher. All requisites for proper appointment, including issuance of an advertisement in local newspapers for the vacant post,

2/3 were followed by the appointing authority and only thereafter the Petitioner was appointed in the post of Hindi Teacher in an open category. A proposal was thereafter submitted by Respondent Nos.5 and 6 (School and Management) to Respondent No.4 for approval of the Petitioner's appointment. The approval was rejected by Respondent No.4 on 26 September 2013, seeking further compliance from Respondent Nos.5 and 6. After due compliance of this requisition, the proposal was resubmitted by Respondent Nos.5 and 6 on 30 September 2013. Despite passage of over seven years after submission of the proposal, the application for approval still remains undecided.

In the premises, the Petitioner's request for expeditious hearing of the application for approval deserves to be accepted. Rule is accordingly made absolute and the petition disposed of by directing Respondent No.4-Education Officer (Secondary), Zilla Parishad, Solapur to decide the application for approval of the Petitioner's appointment as 'Shikshan Sevak' within a period of eight weeks from today. The petition is disposed of accordingly. this Court. All concerned will act on production by fax or email of a

3/3 (MADHAV JAMDAR, J.) (S.C. GUPTE, J.)