Prashant Murlidharrao Hippargekar v. The State Of Mah And ORS

217.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2674 OF 2009 Prashant s/o Murlidharrao Hippargekar Age 38 years, Occu: Service as lecturer in ENT, SRTR Medical College, Ambajogai, r/o Sahyadri, SRTR Meedical Colellge Campus, Ambajogai, Dist. Beed ... Petitioner

VERSUS

1.

The State of Maharashtra through the Secretary, Medical Education and Drugs Department, Mantralaya, Mumbai 2.

The Director of Medical Education and research, Maharashtra State, Mumbai 3.

The Dean, Swami Ramanand Teerth Rural Medical Colelge & Hospital, Ambajogai, Dist. Beed.

... Respondents Mrs. D.S. Jape, AGP for the respondents State.

CORAM

:

T.V. NALAWADE & K.L. WADANE, JJ.

DATE : 7th March, 2018 JUDGMENT:

1.

Nobody present for the petitioner. Seen the order made in O.A. No. 149/2003 by the Maharashtra Administrative Tribunal. Appointment of the present petitioner was on ad-hoc basis and his services 1/2

217.odt could not have been regularized.

2.

This is second round of litigation. In previous matter also it was observed by the Maharashtra Administrative Tribunal that the petitioner can be continued until he is displaced by regular selectee or regular incumbent. O.A. 149/2003 came to be filed when regular incumbent became available and the petitioner came tobe displaced. As the petitioner was not regular employee, there was no question of continuing the petitioner in service. However, the Maharashtra Administrative Tribunal has observed that the other claim of the petitioner with regard to entitlement of earned leave for the period for which the petitioner worked, needs to be calculated and therefore whatever reliefs could have been given is given by the M.A.T. Nothing more can be done in the present matter. The writ petition is dismissed. Rule is discharged.

(K. L. WADANE, J.) (T.V. NALAWADE, J.) JPC 2/2