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Bombay High CourtWP/3862/2024disposed off

Vijay Gangadhar Kanwade v. State Of Maharashtra Thr Prin. Secretary, School Edu. And Sports Dept. And ORS

2024-10-15Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice M. M. Sathaye2 pages

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22-WP-3862-2024 (C)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3862 OF 2024 Vijay Gangadhar Kanwade

...Petitioner

Versus

State Of Maharashtra, Thr. Prin. Secretary, School Edu. And Sports Dept. And Ors. ...Respondents ...

Mr. Wasim Samlewale, Advocate for the Petitioner. Ms. Reena Salunkhe, AGP, for Respondent No.1 to 3. Mr. S.S. Borulkar, Advocate for Respondent No.4. Mr. Milind Deshmukh, Advocate for Respondent No.5. ...

CORAM : RAVINDRA V. GHUGE by PALLAVI MAHENDRA WARGAONKAR Date:

2024.10.19 11:35:51 +0530 & M.M. SATHAYE, JJ.

PALLAVI MAHENDRA WARGAONKAR DATE :- 15th OCTOBER, 2024 Per Court :- 1.

A proposal dated 22nd January, 2022 forwarded to the Education Officer (Secondary), Zilla Parishad, Raigad is still not decided. The Petitioner had approached this Court in Writ Petition No.15570 of 2023 with a substantive prayer that the proposal for approval of his appointment, should be decided. In the said petition, the Petitioner had mentioned that the proposal is pending. Though the said petition was disposed off vide order dated 5th January, 2024, the proposal has still not been decided. Pallavi Wargaonkar, PS

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22-WP-3862-2024 (C) 2.

In view of the above, we direct the Education Officer (Secondary), Zilla Parishad, Raigad - Respondent No.3 herein, to decide the proposal by following the due procedure laid down in law, on or before 30th November 2024. 3.

In addition, we direct the Divisional Deputy Director of Education - Respondent No.2, to take recourse to Section 10 of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 and call upon Respondent No.3 to explain the delay caused in discharge of duties.

4.

Needless to state, the principles of natural justice shall follow and Respondent No.2 would arrive at an independent decision after considering the reply of Respondent No.3.

5.

The Writ Petition is disposed off.

(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.) Pallavi Wargaonkar, PS