Mangesh Dattatraya Joshi And Others v. The Chief Officer And Another

1 wp 3978.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3978 OF 2022 Mangesh Dattatraya Joshi and others .. Petitioners

Versus

The Chief Officer and another .. Respondents WITH WRIT PETITION NO. 3975 OF 2022 Bharat Tukaram Kavade and others .. Petitioners

Versus

The Chief Officer and another .. Respondents Shri Manoj D. Shinde, Advocate for the Petitioners in both matters.

Shri S. P. Bhrame, Advocate h/f Shri Shrikant D. Madde, Advocate for the Respondent No. 1 in both matters. Shri S. N. Morampalle, A.G.P. for the Respondent No. 2 in both matters.

CORAM :

SHARMILA U. DESHMUKH, J.

DATE :

16TH FEBRUARY, 2023.

FINAL ORDER :

.

Writ petitions can be disposed of in view of consensus which is arrived at between the parties that the petitioner No. 1 in Writ Petition No. 3975 of 2022 is permitted to continue to work with the respondent No. 1 and petitioner Nos. 3 and 5 in Writ Petition No. 3978 of 2022 are permitted to continued to work with the respondent No. 1 and as such would be continued till the process of regular appointment on the sanctioned posts is concluded by the Municipal Council. Petitioner No. 1 in Writ

2 wp 3978.22 Petition No. 3975 of 2022 and petitioner Nos. 3 and 5 in Writ Petition No. 3978 of 2022 will not claim any equity on the basis of that they are permitted to work.

2.

As far as other petitioners are concerned, they have not reported to work. The claim raised by them stands dismissed. 3.

During the employment of petitioner No. 1 in Writ Petition No. 3975 of 2022 and petitioner Nos. 3 and 5 in Writ Petition No. 3978 of 2022, in the event there is any cause to take action by the Municipal Council, the Municipal Council is free to take action in accordance with law.

4.

Writ petitions stand disposed of in view of the above. 5.

Needless to state that the petitioners are permitted to participate in the selection process.

[SHARMILA U. DESHMUKH, J.] bsb/Feb. 23