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Bombay High CourtWP/2/2016disposed off

Shri. Ghanshyam Abasaheb Bhosale v. The Chief Conservator Of Forests (T) Kolhapur And ORS.

2015-12-02Hon'Ble Shri Justice Nitin Jamdar2 pages

Pro 1- WPst 33743-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (St.) NO. 33743 OF 2015 Shri Ghanshyam Abasaheb Bhosale.

.. Petitioner Vs The Chief Conservator of Forests (T) Kolhapur and ors.

.. Respondents Mr.Manoj Patil, for the Petitioner.

Ms.M.S.Bane 'B' panel- Assistant Government Pleader, for StateRespondent No.1. CORAM: N.M.Jamdar J.

Thursday 10 December, 2015 P.C.:

Not on Board. Taken on Board by way of production, since the learned counsel for the Petitioner states that the protective order granted by the Industrial Court, Kolhapur expires today. 2.

The Petitioner was given ad-hoc promotion to the post of Forester by order dated 24 July 2015. While granting him ad-hoc promotion for a period of 11 months on purely temporary and adhoc basis, it was specified that it was so given because one Narendra Vengurlekar had not produced his caste validity certificate. Subsequently, it appears that the said Vengurlekar produced caste validity certificate which was found to be valid and the Petitioner was asked to work on his original post. On this

Pro 1- WPst 33743-15.doc ground the Industrial Court which initially granted order of statusquo vacated the same by impugned order dated 20 November 2015. The Industrial Court has also made it clear that as regards the claim of the Petitioner that he requires to be promoted in his own right to this post, the same is kept open. The claim of the Petitioner to occupy the post of forester is based on the order dated 24 July 2015 which order is purely ad-hoc and conditional. In the circumstances, no fault can be found in the impugned order. 3.

It is always open to the Petitioner to agitate his rights as regarding promotion through regular channel to the post of forester.

4.

The Writ petition is accordingly disposed of. N.M.Jamdar, J.