The High Court directed the respondent authority to decide the petitioner's appointment proposal submitted by the institutionAshram Shala on its own merit within two months. Petition disposed of without costs.
Direction to the respondent authority to decide the petitioner's appointment proposal within two months.
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( 1 ) wp7732.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 7732 OF 2016
BHARATSING LIMBAJI RATHOD VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.A.S. Bayas, Advocate for the petitioner.
Mr.K.N. Lokhande, AGP for respondent/State.
CORAM : S.V.GANGAPURWALA &
S.M.GAVHANE, JJ.
DATED :07.09.2018
P.C. :-
1.Mr. Bayas, learned Advocate submits that the
petitioner is working with respondent-Ashram Shala since
1994 and time to time the approval has been granted to
his appointment till the year 2012. Subsequently, no
orders are passed by the authority though proposal has
been submitted by the management.
2.Learned AGP submits that the petitioner has
remedy of appeal.
3.As no order has been passed on the proposal, no
question arises of the petitioner preferring appeal.
Respondent No.2 shall decide the proposal submitted by
the institution seeking approval to the appointment of
the petitioner (page No.45 and 46, Exhs.L & M) on its own
merit and in accordance with law, preferably within two
months. All contentions of the parties are kept open.
4. The writ petition is disposed of. No costs.
[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.]
snk/2018/SEP18/ wp7732.16
1 issue framed by the court
Whether the petitioner is entitled to a direction for appointment consideration after the authority inaction upon his proposal submission.
BHARATSING LIMBAJI RATHOD
THE STATE OF MAHARASHTRA
S. V. GANGAPURWALA
S. M. GAVHANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court