Vachhala Baburao Samshete And ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 4060 Bom

                                                                             907_WP153917.odt


         
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             BENCH AT AURANGABAD

                              WRIT PETITION NO. 1539 OF 2017

1.  Vachhala Baburao Samshete
     Age: 56 years, Occu.: Peon,
     R/o c/o Marathwada Apang Training Center,
     P-67, MIDC, Latur.

2.  Mahadeo Shivdas Ghadge
     Age: 56 years, Occu.: Peon,
     R/o as above.

3.  Kisan Vitthalrao Kadam
     Age: 50 years, Occu.: Helper,
     R/o as above.

4.  Vajirkhan Ismail Khan Pathan
     Age: 50 years, Occu.: Helper,
     R/o as above.

5.  Anil Manikrao Dange
     Age: 50 years, Occu.: Peon,
     R/o as above.                                         ..PETITIONERS

               VERSUS

1.  State of Maharashtra
     Social Justice and Welfare
     Cultural Affairs, Sports and Tourism Department,
     Mantralaya, Mumbai.
     Through its Secretary.

2.  The Commissioner for Handicap Welfare,
     Maharashtra State, Pune.

3.  The Deputy Regional Commissioner,
     Social Welfare Department,
     Latur.


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4.  The District Social Welfare Officer,
     Z.P. Latur, Dist. Latur.

5.  Marathwada Apang Prashikshan Kendra,
     P-67, M.I.D.C., Latur,
     Through Administrator/District Social
     Welfare Officer, Z.P. Latur, Dist. Latur.

6.  Marathwada Apang Prashikshan Kendra
     P-67, M.I.D.C., Latur,
     Through Superintendent.                                   ..RESPONDENTS

                                         ....
Mr. A.V. Indrale Patil, Advocate for petitioners.
Mr. V.S. Badkh, A.G.P. for Respondent Nos. 1 to 3.
Mr. D.B. Rode, Advocate for Respondent No.6.
                                         ....

                                                   CORAM :  ANOOP V. MOHTA &
                                                             SUNIL K. KOTWAL, JJ
                                                   DATED  :  05th JULY, 2017


ORAL JUDGMENT (Per : ANOOP V. MOHTA, J.)


1.          Rule.  Rule made returnable forthwith and heard finally by consent of 

the parties.



2.          On hearing the learned Counsel appearing for parties, we are inclined 

to dispose of present writ petition on the line of order passed in Writ Petition 

No. 1785 of 2017 (Rajesh Marutirao Suryawanshi Vs. State of Maharashtra and 

Others)   passed   by   the   Division   Bench   of   this   Court   on   04 th  May,   2017. 

Petitioners are similarly situated non-teaching staff of Respondent No.6, against 



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whom   this   Court   in   above   matter   passed   order.     There   is   no   issue   that 

petitioners are similarly placed.  Therefore following order :



                                          O R D E R

(i) Respondent No.4 - competent authority to take

decision upon the proposal forwarded by

Respondent No.6.

(ii) Respondent No.6 to forward the proposal, if not

already forwarded, within two weeks.

(iii) Respondent No.4 - competent authority to take

decision in accordance with law, as early as possible

and preferably within a period of two months from

the date of submission of fresh proposal, if any.

(iv) Petition is allowed. Rule is made absolute

accordingly. No costs.

( SUNIL K. KOTWAL, J. ) ( ANOOP V. MOHTA, J. ) SSD

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