Shaikh Mainnuddin Usman v. Maharashtra State Electricity Dist. Co Ltd. And ORS

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2022.11.16 10:48:25 +0530 Trupti 1 16-wp-6620-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6620 OF 2022 Shaikh Mainnuddin Usman ...

Petitioner

Versus

Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) & Ors.

...

Respondents ......

Mr. Harshad E. Palwe for the Petitioner.

Mr. A.I. Patel, Addl. GP and Ms. K.N. Solunke, AGP for the State. .....

CORAM :

NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ.

DATE :

11 NOVEMBER 2022 P.C. :

The Petitioner has sought a writ of mandamus directing the Respondents to reinstate the Petitioner and set aside the order dated 10 August 2018. It is not possible to issue such writ as the Petitioner was a contractual employee and the contract was entered into on 11 May 2015 for a period of three years. The contract has ended on 11 May 2018. Thereafter, even assuming that the Petitioner has continued in service, there was no legal relationship that could be enforced by a writ of mandamus. Since the contract period is over, no writ can be issued to the Respondent to take the Petitioner in service. The petition is accordingly rejected. (SHARMILA U. DESHMUKH, J.) (NITIN JAMDAR, J.)