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Bombay High CourtWP/6627/2021disposed off

Shri. Ganesh Chandrakant Sutar v. The State Of Maharashtra And ORS

2021-10-08Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Abhay Ahuja2 pages

503.6627.21-wp.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2021.10.12 11:25:43 +0530 BASAVRAJ GURAPPA PATIL WRIT PETITION NO.6627/2021 Ganesh Chandrakant Sutar ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Mr. Prashant S. Bhavake for the Petitioner Mr. V. M. Mali, AGP for Respondent Nos.1 to 5 Mr. Utkarsh S. Desai for Respondent Nos.6 and 7

CORAM:

R.D.DHANUKA & ABHAY AHUJA, JJ.

DATED :

OCTOBER 8, 2021 P.C.

Rule.

By consent of the parties, the petition is heard finally. The learned counsel for the Respondents waives service.

A limited relief the Petitioner seeks at this stage is, for an order and direction against Respondent No.5 to decide the proposal sent by Respondent No.6 Educational Institution and Headmaster of Respondent No.7 - Secondary School for granting approval to the appointment of the Petitioner on the post of Junior Clerk in Respondent No.7 Secondary School. The proposal made by the Management is pending since 15.03.2015 before Respondent No.5. Basavraj G. Patil 1/2

503.6627.21-wp.odt We, accordingly, direct Respondent No.5 to decide the said proposal within 6 weeks from the date of communication of this order.

The order that would be passed shall be communicated by Respondent No.5 to the Petitioner as well as the Management, within a week thereafter.

If the proposal is accepted and approval is granted, Respondent No.5 shall release the requisite amount of grant required to be paid on such approval in favour of the Management, within 4 weeks from the date of granting approval and shall include the name of the Petitioner in the Shalarth ID, within 2 weeks thereafter.

It is made clear that, if approval is refused on the proposal made by the Management, the Management shall not take any coercive steps against the Petitioner for a period of 4 weeks from the date of communication of that order. The Petitioner, in that event, will be entitled to file appropriate proceedings, according to law.

The Writ Petition stands disposed of.

The Rule is made absolute in the aforesaid terms. The parties to act on an authenticated copy of this order.

(ABHAY AHUJA, J.) (R.D.DHANUKA, J.) Basavraj G. Patil 2/2