Shilpa R. Muley ( Shilpa Torgalkar ) And ORS v. The State Of Maharashtra Thr. Its Secretary Public Health Department And ANR

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2023.12.15 17:35:30 +0530 Trupti 1 30-wp-13824-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13824 OF 2023 Dr.Shilpa R. Muley (Dr. Shilpa Torgalkar) and Others ...

Petitioners versus State of Maharashtra and Another ...

Respondents .......

Mr.Abhijeet Desai with Mr.Shrikant Patil and Ms.Daksha Punghera for the Petitioners.

Ms.R.A.Salunkhe, AGP for Respondent Nos. 1 and 2-State. .......

CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.

DATE : 12 DECEMBER 2023 P.C.:

On 8 November 2023, none had appeared for the Petitioners. Therefore, the following order was passed :

"None for the Petitioners.

2 The learned AGP for the State points out that the Petitioners are seeking regularization of their services on the post held by them i.e. Dental Surgeon working in various Government hospitals and in the earlier round the Petitioners had approached the Maharashtra Administrative Tribunal, Mumbai, and therefore, they have to file the proceedings first in the Tribunal. While we defer the hearing at the request of the learned AGP, the Petitioners will examine this aspect. 3 Stand over to 12 December 2023".

Trupti 2 30-wp-13824-2023.doc 2.

Clearly, what the Petitioners raised in this petition is a dispute pertaining to the services under the State. For this relief, the Maharashtra Administrative Tribunal (the Tribunal) is a Court of first instance under the constitutional scheme and therefore, keeping all contentions of the parties open, in case the Petitioners approach the Tribunal, we dispose of the writ petition. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)