Ramchandra Yashwant Mhaske v. The Chief Executive Officer, Zilla Parishad, Solapur And ORS

Corrected order in terms of the order dtd.3rd May, 2019 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1012 OF 2019 Ramchandra Yashwant Maske } Petitioner Vs The Chief Executive Officer, Zilla } Parishad, Solapur and Ors.

} Respondents Mr.Prashant D. Patil for the Petitioner.

Mr.V.S.Deokar for Respondent Nos.1 and 2.

Mrs.S.D.Vyas, 'B' Panel Counsel for the State.

Mr.V.S.Undre for Respondent No.5.

CORAM :- S. C. DHARMADHIKARI & M. S. KARNIK, JJ.

DATE :- FEBRUARY 27, 2019 P.C. :- 1.

The petitioner's appointment was from October 2018 till 30th March, 2019. Immediately after issuance of that order, copy of which is at page 51 of the paper-book, the petitioner by the order, copy of which is at page 68 of the paper-book, was directed to work at the post, namely, Co-ordinator (HI), at the Panchayat Samiti, Pandharpur. However, after having approached this

Court in vacation, the petitioner was protected by the order of the learned Vacation Judge dated 14th November, 2018. 2.

That order having been continued up-till now and the appointment itself was till 30th March, 2019, no useful purpose will be served by now considering as to whether this order was an appointment against a post or that the Co-ordinators were required for the specific purpose and duration and that is why the appointments were made in this fashion. The appointments of both, the petitioner as also the contesting respondent No.5, are coming to an end on 30th March, 2019. They are working at the respective places and not in the positions where they have been directed to work vide the impugned order at page 68 of the paperbook. In the circumstances, we do not think that we should go into the rival contentions in further details. 3.

Should the arrangement devised by the Government be continued even beyond 30th March, 2019 and the petitioner as also respondent No.5 be granted any appointment or posting in that arrangement, but not to a place of their choice or to a post for which they had applied, then, both-the petitioner as also respondent No.5, can raise appropriate contentions by filing appropriate legal proceedings. Presently, we keep all contentions open and in the light of the ad-interim order passed on 14th

November, 2018, dispose of this writ petition. It is accordingly disposed of. There will be no order as to costs. (M.S.KARNIK, J.) (S.C.DHARMADHIKARI, J.)