Shri Gadge Maharaj Mission ... vs The State Of Maharashtra Through ...
2022 Latest Caselaw 7482 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD


                      28 WRIT PETITION NO.5876 OF 2022
                      WITH CA/8383/2022 IN WP/5876/2022
   SHRI GADGE MAHARAJ MISSION THROUGH ITS DIRECTOR AND ANR
                                VERSUS
   THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY
                            AND OTHERS
                                  ...
            Advocate for Petitioners : Shri Shivaji T. Shelke
              AGP for Respondents: Shri S.N.Morampalle
                                  ...
                   CORAM : M. G. SEWLIKAR, J.

Dated: August 01, 2022 ...

PER COURT :-

1. Heard.

2. Respondent No.5 was working as Hostel Superintendent. He tendered resignation in the year 2010, which was accepted. He preferred appeal against the said decision before respondent No.3 - The Regional Deputy Commissioner of Social Welfare Department. Respondent No.3 dismissed the appeal. Thereafter, respondent No.5 did not take any action. On 3 rd October, 2017, the Government passed a Resolution by which an appellate authority is created. Shri Shelke, learned counsel for the petitioners submits that for a period of eight years, respondent No.5 did not take any action. The appellate authority is created by the Government Resolution, which is impermissible. He placed reliance on the Judgment of this Court dated 7th May, 2021, passed in Writ Petition No.940 of 2018 in the case of Swati Shivaji Lawhare Vs. State of Maharashtra and Others.

3. In view of this, issue notice to the respondents, returnable on 5 th September, 2022. Learned AGP waives service of notice for respondent Nos.1 to 4.

4. Interim relief in terms of prayer clause-'C'.

( M. G. SEWLIKAR, J. )

SPT