Jyotsna Laxman Devgunde And ANR v. The State Of Maharashtra Thr Its Principal Secretary School Education And Sports And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2025.03.04 10:38:50 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8745 OF 2024 Smt.Jyotsna Laxman Devgunde & Anr.

...Petitioners

versus The State of Maharashtra & Ors.

...Respondents

---- Mr.S.S.Jadhavar for the Petitioners.

Ms.S.S.Bhende, AGP for Respondent Nos. 1 and 2, State. Mr.Pratik Irpatgiri i/b. Mr.Chaitanya Khade for Respondent Nos. 3 and 4.

---- CORAM :

RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 28th February, 2025 P.C. :- 1.

The Petitioners have put forth a prayer that the proposals submitted by Respondent No.4, dated 20th September, 2023, pending with Respondent No. 2, have still not been decided. 2.

We find that more than 50% of the litigation that we handle everyday, is on account of inaction and laxity on the part of the Government Authorities, inclusive of the Education Officers or the Deputy Directors of Education. Most of these matters are filed

only to seek direction. Such litigation can be avoided if the Govt. officials perform their duties, diligently.

3.

In such circumstances, we could have invoked the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 and action could have been initiated against the said Officers since this has become a huge cause for filing of the matters which can be termed as "unnecessary litigation". 4.

Since the learned AGP pleads for one opportunity to the Education Officer, Solapur and assures that hereinafter he will work with all promptitude, that we are not imposing cost in this matter. 5.

This Writ Petition is disposed off with a direction to Respondent No.2 to deal with the proposals dated 20th September, 2023 on their own merits, by strictly following the due procedure laid down in the law and the Rules/ Policies applicable. 6.

Let this exercise be completed, within a period of 45 days from today.

7.

We make it clear that we have not expressed any opinion with regard to the said proposals.

(ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)