Mr. Shashikant Govindrao Kamat And ORS v. The State Of Maharashtra Through Prin. Secretary, Law And Judiciary Dept. And ANR

PRASHANT VILAS RANE 3-wp 6425-23.odt PRASHANT VILAS RANE Date: 2023.05.29 21:09:09 +0530 PVR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6425 OF 2023 Mr. Shashikant Govindrao Kamat & Ors.

.Petitioners Vs.

The State of Maharashtra & Anr.

.Respondents __________ Mr. Suyash Sule i/b. Mr. A. S. Raktade for the Petitioners. Mr. R. S. Pawar, AGP for State/Respondent Nos.1 & 2. __________ CORAM : R.D. DHANUKA, CJ & G. S. KULKARNI, J.

DATE : MAY 29, 2023 P.C.:

1.

This petition has been filed praying for the relief in regard to the post which falls under the State of Maharashtra. 2.

In regard to any relief which the petitioners intend to have in relation to the advertisement No.001/2022 dated 7 January 2022 as referred to in prayer clause (a) of the petition, in our opinion, the petitioners need to approach the Maharashtra Administrative Tribunal. The law in this regard is well settled considering the decision in L. Chandra Kumar v. Union of India (1997) 3 SCC 261. 3.

As an alternate remedy is available to the petitioners, the petition is not maintainable. We accordingly, disposed of the petition with liberty to the petitioners to pursue the remedy that may be available in law. All contentions of the parties are expressly kept open. 4.

Disposed of. No costs.

(G. S. KULKARNI, J.) (CHIEF JUSTICE)