Vinayak Balkrishna Deolikar v. State Of Maharashtra Through Its Secretary And ANR.

hvn 34-wp-4242.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4242 OF 2017 Vinayak Balkrishna Deolikar

...Petitioner

vs.

State of Maharashtra and Ors.

...Respondents

None for the Petitioner.

Mr. Pradeep Patil for respondent no.2 BMC.

Mr. P.P. More, AGP for the Respondent State. CORAM :

SHANTANU KEMKAR & M.S. SONAK, JJ.

JULY 14, 2017 P.C.:

Through this petition filled under Article 226 of the Constitution of India, the petitioner is seeking the following directions : "(a) This Hon'ble Court be pleased to issue Writ of Mandanmus and or any other Writ, Order or Direction in the nature of Mandamus thereby directing the Respondent no. 2 Corporation to protect the services of the petitioner on the post presently occupied by him, in the light of law laid down by the Full Bench judgment of this Hon'ble Court in the case of Arun Sonone Vs. State of Maharashtra reported in 2015(1)MhLJ 457." 2.

It is not in dispute that the said Full Bench judgment passed by this Court in the case of Arun Sonone (supra) has been set aside by the Supreme Court in the case of Chairman and Managing Director FCI and Ors. Vs. Jagdish Balaram Bahira and Ors. Civil Appeal No.8928 of 2016 vide judgment dated 6th July,2017. In the circumstances, the relief claimed as above cannot be granted. As a result petition fails and is hereby dismissed.

(M.S. SONAK, J.) (SHANTANU S. KEMKAR, J.)