Prashant Sahebrao Jadhav v. Inter -University Centre Thr. Director And ORS

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.07.06 15:52:19 +0530 16 WP.8092.2023 AS.doc RUSHIKESH VISHNU PATIL

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8092 OF 2023 Prashant Sahebrao Jadhav

...Petitioner

Versus

Inter-University Centre for Astronomy and Astrophysics & Ors.

...Respondents

**** Mr. Anil Anturkar, Senior Advocate a/w Mr. Vaibhav Kulkarni, for the Petitioner.

Ms Kalyani Pathak, for Respondent No. 1.

Mr. Neel Helekar a/w Mr. Ashutosh Gole, for Respondent No. 2. **** CORAM : DHIRAJ SINGH THAKUR AND SANDEEP V. MARNE, JJ.

DATE : 03rd JULY, 2023.

P.C.:

.

Affidavit-in-reply has been filed by learned Counsel for Respondent No. 1 and the same is taken on record. 2.

The Petitioner challenges the order of dismissal dated 12th June 2023. Learned Counsel for Respondent No. 1 questions the maintainability of the present petition in the light of the fact that there is an alternate remedy by way of an appeal which is available to the Petitioner in terms of clause 3.12 of the service conditions. R.V. Patil

16 WP.8092.2023 AS.doc 3.

Mr. Anturkar, learned Senior Advocate submits that although there is an appeal provision however during the pendency of the appeal the Petitioner is likely to be evicted from the official accommodation which was provided to the Petitioner and, therefore, no interim relief by way of protecting the possession over the official accommodation can be provided by the Appellate Authority, assuming such a remedy was availed by the Petitioner. 4.

Having considered the issue, we are of the opinion that it would be appropriate for the Petitioner to avail the alternate remedy by way of filing an appeal.

We dispose of this petition by observing that the appeal will be preferred within one week from today and the same shall be disposed of on its own merits, preferably within a period of three months. However, till such time as the appeal is decided the Petitioner be not evicted from the official accommodation. All issues are kept open to be decided.

(SANDEEP V. MARNE, J.) (DHIRAJ SINGH THAKUR, J.) R.V. Patil