FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 885 OF 2011 " Bhagyashri Dayanand Sonkamble Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. A.K. Tiwari, Advocate for petitioner. Mrs. A.V. Gondhalekar, Assistant Govt. Pleader for respondent Nos. 1 and 2. Mr. S.B. Yawalkar, Advocate for respondent No.3. CORAM :- D.B. BHOSALE & S.B. DESHMUKH, JJ. DATE :- 6TH JULY, 2011. PER COURT :- 1] Heard learned counsel for the parties. 2] The petitioner in the present writ petition, seeks the following relief :- “B] By issuing appropriate writ, or directions in the nature of writ of mandamus the respondent authorities may kindly be directed to issue approval of the present petitioner and also to issue the salary of the petitioner from 1-9-2011 to till today.” 3] We have heard learned counsel for the parties. There is no dispute that respondent institution had forwarded the proposal to respondent No.2 seeking approval to the appointment of the petitioner as Peon, w.e.f. 1.9.2007. Further, there is no FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 885 OF 2011 " Bhagyashri Dayanand Sonkamble Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 dispute that respondent No.2, till this date, has not considered and decided the said proposal. In view thereof, learned counsel for the parties have fairly stated that we need not record reasons for the order, that we propose to pass, and they have agreed for the following order :- -: O R D E R :- [i] Respondent No.2 shall decide the proposal submitted by respondent Nos. 3 and 4, ( Exhibit R-2 to the writ petition) as expeditiously as possible and preferably within twelve weeks from today. If, for any reason, respondent No.2 Education Officer is prima facie not in favour of granting approval w.e.f. 1.9.2007, he shall grant an opportunity of hearing to the petitioner and the institution/management before passing final order. [ii] Petitioner is allowed to withdraw the amount deposited by respondent Nos. 3 and 4 as per order dated 13.6.2011 unconditionally. [iii] If respondent No.2 Education Officer grants approval w.e.f. 1.9.2007, he shall also release the arrears of FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 885 OF 2011 " Bhagyashri Dayanand Sonkamble Vs. The State of Maharashtra and others." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 salary to the petitioner within a period of 4 weeks from the date of granting approval to his appointment. [iv] While issuing the cheque of arrears of salary, the Education Officer shall issue one cheque in favour of the petitioner, after deducting the amount received by him in pursuance of this order and another cheque of the amount so deducted, by way of reimbursement, in favour of the institution. [vi] The respondent institution shall pay petitioner's salary from this month, regularly. With these observations, writ petition is disposed of. An authenticated copy of this order be given to the parties, to act upon. [S.B. DESHMUKH,J.] [D.B. BHOSALE, J.] grt/-