Project Officer, District Rural Development Agencies (Drda) And ANR v. Anand Pralhad Javale

*1* kps

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5376 OF 2007 PROJECT OFFICER, DISTRICT RURAL DEVELOPMENT AGENCIES (DRDA) AND ANOTHER.

VERSUS

ANAND PRALHAD JAVALE.

WITH CIVIL APPLICATION NO. 9658 OF 2015 IN WP/5376/2007 ANAND PRALHAD JAVALE

VERSUS

PROJECT OFFICER, DISTRICT RURAL DEVELOPMENT AGENCIES (DRDA) AND ANOTHERS ...

Advocate for Petitioner : Mr.N.B. Suryawanshi. Advocate for Respondents : Mr.Patil Sandesh R. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 14th August, 2015 Per Court:

I have heard the learned Advocates for the Applicant and the Non Applicants in this Civil Application. The prayer made is for listing the Writ Petition for final hearing. The Civil Application is allowed and by the consent of the parties, the Writ Petition is taken up for final hearing forthwith.

*2* This Writ Petition was admitted by this Court by the order dated 10.03.2008. This Court had issued the following direction in paragraph 2 of the order dated 10.03.2008:- "2.

Interim relief in terms of prayer clause (D) on the condition that the services of the respondent would be regularized in the event the State Government grants necessary sanction for filling the posts as requested by the petitioner vide communication dated 12th September, 2000."

This order is in existence for the past about seven years. The decision on the regularization of the Respondent/ Employee is still not taken by the appropriate authorities.

In the light of the above, this Writ Petition can be disposed of in terms of the interim order passed by this Court and the direction issued in paragraph 2 reproduced above.

The Petitioner shall, therefore, continue the Respondent/ Employee in employment till his absorption is ordered and his services are regularized by the competent authority. The deemed date of regularization shall also be decided by the competent authority as expeditiously as possible and preferably within a period of FOUR MONTHS from today. Any grievance of the Respondent/ Employee pursuant to his

*3* regularization and deemed date being granted to him, shall be a separate cause of action for which the Respondent/ Employee may take recourse to the available legal remedies.

The above protection, which is granted to the services of the Respondent, shall exclude the disciplinary proceedings. The Writ Petition is partly allowed and Rule is made partly absolute in the above terms.

(RAVINDRA V. GHUGE, J.)