Dr. Vidya Hemakar Shetty v. Bhiwandi Nizampur Municipal Corporation, And ORS

19 wp 7493.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7493 OF 2019 Dr. Vidya Hemakar Shetty .....Petitioner versus Bhiwandi Nizampur Municipal Corporation and ors. .....Respondents Mr. Sachin Dhakephalkar, advocate for the petitioner. Mr. N. R. Bubna, advocate for respondent Nos.1 to 4. Mrs. M. P. Thakur, AGP for the State.

CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 12th JULY, 2019.

P. C. :

The petitioner who is working as a Senior Gynecologist with Bhiwandi Municipal Corporation has invoked the jurisdiction of this Court being aggrieved by the order dated 13th May, 2019, passed by respondent No.3-Deputy Commissioner (Headquarters), Bhiwandi Nizampur Municipal Corporation, by which, she has been relieved of the additional charge of the post of Medical Health Officer. It is pertinent to note that the substantive posting of the petitioner is not disturbed but she is only relived of the additional charge. Learned counsel for the petitioner submitted that without affording an opportunity, the petitioner has been deprived of the charge when specifically she was holding this charge from 2011.

Shubhada S Kadam 1/2

19 wp 7493.19.doc 2.

We have perused the order, by which, the petitioner was conferred with the said charge and also perused the order, by which, she was relieved of the charge. We are of the clear view that the substantive appointment of the petitioner remain unaffected and what she is deprived of is an additional charge and from the impugned order it is clear and apparent that one Dr.Jaywant Dhule (Medical Officer), has been posted to handle the charge of Medical Officer in Bhiwandi Municipal Corporation. We do not find there is any legal right vested in the petitioner to continue to hold the additional charge and, therefore, we are not inclined to consider the reliefs sought by the petitioner in the present petition and as such the petition deserves to be dismissed and is accordingly dismissed. [SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 2/2