Sanjay Vitthal Nagpure v. State Of Maharashtra And ANR.

Rane 1/2 WP-1201-2016 (sr.29) 3.12.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1201 OF 2016 Sanjay Vitthal Nagpure

...Petitioner

V/s.

State of Maharashtra & Ors.

....Respondents ***** Mr. T.V. Jadhav I/by. Mr. R.K. Mendadkar, Advocate for the petitioner.

Mr. P.G. Sawant, AGP for respondent no.1.

Coram : A.S. Oka, & Sandeep K. Shinde, JJ.

Monday, 3 rd December, 2018.

P.C. :

1.

There are only two substantive prayers, which are prayers (a) and (b) which seek direction to reinstate the petitioner only on the basis of a decision of the Full Bench of this Court in the case of Aroon Sonone V/s. State of Maharashtra and Ors.1 reported in 2015(1) Maharashtra Law Journal page 457. The petitioner is also relying on the Circular dated 21st October, 2015. 2015(1) Mh.L.J. 457

Rane 2/2 WP-1201-2016 (sr.29) 3.12.2018 2.

The Apex Court in the case of Chairman and Managing Director, Food Corporation of India and Ors. V/s. Jagdish Balaram Bahira and Ors.2 has specifically overruled the decision of the Full Bench in the case of Aroon Sonone (supra). Therefore, substantive relief cannot be granted. Reliance placed on the Circular dated 21st October, 2015 will not help the petitioner, in as much as, now the matter of regularisation, if any, of the employment of the petitioner will be governed by the aforesaid decision of the Apex Court. Hence, no case is made out for grant of any relief. The petition is rejected.

(SANDEEP K. SHINDE, J) (A.S. OKA, J) (2017) 4 Mh.L.J. 898