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Bombay High CourtCP/65/2015disposed offdismissed for default

Vishnu Krushna Shingare v. Meeta Rajulochan And Another

2015-09-11Hon'Ble Shri Justice S.S. Shinde,Hon'Ble Shri Justice M.T. Joshi2 pages

65.15cp FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ CONT. PETITION NO. 65 OF 2015 IN WP/7789/2011 VISHNU KRUSHNA SHINGARE

VERSUS

MEETA RAJULOCHAN AND ANOTHER ...

Advocate for Petitioner : Mr.Katneshwarkar P.R. AGP for Respondents/State: Mr.V.H. Dighe.

Advocate for Respondent 2 : Mr.Munde H.K.

...

CORAM : S.S. SHINDE & M.T. JOSHI, JJ.

Dated: SEPTEMBER 11, 2015 ...

Heard learned Counsel for the parties, perused the directions of which disobedience is alleged and reply filed by the respondent and in particular, communication dated 29.11.2014 at Exh.D (page 26 of the compilation) by the Chief Officer, Municipal Council, Jalna. The contention of the learned Counsel for the petitioner that, deemed date should have given to the petitioner from 9th May, 2015 in view of the directions contained in Clause (C) of the order dated 15.7.2011 passed by the Commissioner for Persons

65.15cp with Disabilities, M.S., Pune at Exh.A (page 11) to the petition, cannot be accepted. Even, upon reading para 5 of the judgment passed by the said authority, at the most what can be inferred is that, on the date of visit by the Assistant Commissioner on 28th September, 2007, it was noticed that backlog of two posts i.e. Superintendent and Senior Clerk was pending. Upon reading said para, it cannot be construed that there were vacancies available and therefore, petitioner was entitled to deemed date i.e. 9th May, 2005.

We do not find any disobedience of the directions of the respondent - authority. Contempt petition stands disposed of.

(M.T. JOSHI, J) (S.S. SHINDE, J) kadam/