Shivaji Ramchandra Yadav v. The State Of Maharashtra And ORS

skn 1 34-WP-10604.2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10604 OF 2014 Shivaji Ramchandra Yadav.

...

Petitioner.

V/s.

The State of Maharashtra and others.

...

Respondents.

Mr.Vijay Patil i/b. Mr.Nikhil Chavan for the Petitioner. Dr.Uday P. Warunjikar for Respondent Nos.4, 5 and 6. Mr.Umesh R. Mankapure for Respondent No.7.

Digitally signed by SANJAY KASHINATH NANOSKAR Date:

2022.01.05 15:06:58 +0530 CORAM :

NITIN JAMDAR AND AMIT B. BORKAR, JJ.

SANJAY KASHINATH NANOSKAR DATE :

3 January 2022.

P.C. :

The primary relief sought for by the Petitioner is the removal of Respondent No.7 from the post of Anganwadi Sevika. 2.

The Petitioner is admittedly not in service of the Respondent- Zilla Parishad or other public body where Respondent No.7 is working. Therefore, there is no question of the Petitioner's service or promotional chances being affected if Respondent No.7 is retained in service. Thus, there is no legal right of the Petitioner that is violated by the retention of Respondent No.7 in service.

skn 2 34-WP-10604.2014.doc Even assuming a public interest litigation was to be filed, which this is not, the Courts have taken a view that in the matters of service of the State and semi-government authorities, the same ought not to be entertained.

3.

In absence of any legal right that vesting in the Petitioner leading to any legal injury, the petition cannot be entertained and is rejected.

(AMIT B. BORKAR, J.) (NITIN JAMDAR, J.)