Shweta Ramesh Borse vs The State Of Maharashtra Through ...
2022 Latest Caselaw 13334 Bom

                              rsk                               1                        12-WP-2369-20.doc

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                                WRIT PETITION NO.2369 OF 2020
                              Shweta Ramesh Borse                               ...Petitioner
                                    Vs.
                              The State of Maharashtra through the
                              Principal Secretary, School Edu. and Sports Dept.
                              & Ors                                             ...Respondents

                                                               -------
                              Mr. Saurabh S. Pakale with Ms. Padmaja Malgaonkar i/b Mr. Shankar M.
                              Katkar for the Petitioner.
                              Smt. P. N. Diwan, Assistant Government Pleader for Respondent No.1-
                              State.
                              Mr. Subhash V. Gutte for Respondent Nos.2 and 3.
                                                               -------

                                          CORAM        :      NITIN W. SAMBRE &
                                                              SHARMILA U. DESHMUKH, JJ.

                                          DATED        :      20 DECEMBER 2022.

                              P. C. :

The matter pertains to inaction on the part of Respondent Nos. 2 and 3-Corporation in permitting the Petitioner to join services as she was Digitally signed by RAJESHWARI RAJESHWARI SUBODH SUBODH KARVE transferred from Zilla Parishad Nandurbar to Municipal Corporation, KARVE Date:

2022.12.21

Nashik in view of the policy of the State Government of unification of 13:28:44 +0530

husband and wife.

2. It appears that the Respondent-Corporation initially through a resolution gave no objection for effecting said transfer however, subsequently has withdrawn the same. After no objection was withdrawn the rsk 2 12-WP-2369-20.doc

Petitioner was relieved by Zilla Parishad, Nandurbar.

3. The cause cited by Respondent -Corporation in refusing to permit the Petitioner to join duties of the Corporation is absence of vacant post.

4. The fact remains that on the date when no objection was extended by the Corporation, vacancy was very much in existence and the issue as regards the implementation of the State policy is purely an act of administrative nature as can be inferred from the judgment of this Court in the matter of Sanjay Shankar Sanap vs. The State of Maharashtra delivered in Writ Petition No.4778/2017 on 14/12/2017. So also in the order passed by this Court in the matter of Swati T. Baviskar vs. The State of Maharashtra & Ors. delivered in Writ Petition No.10037/2018 on 24/1/2019, it has been held that act of Respondent-Corporation of going away from their earlier promise amounts to violation of principle of promissory estoppel.

5. In this background, we direct the Commissioner of Respondent-Corporation to place on record existing vacancy position as regard the Assistant Teachers. Affidavit be placed on record within a period of three weeks from today.

6. Stand over to 16/2/2023.

(SHARMILA U. DESHMUKH, J.) ( NITIN W. SAMBRE, J.)