Ashruba Arjunrao Sonwane v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 WRIT PETITION NO.7252 OF 2022 ASHRUBA ARJUNRAO SONWANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. S.A. Nagarsoge h/f Ms. Sushma T. Jadhav AGP for Respondents 1 to 4: Mr. S.G. Sangle Advocate for Respondents 5 and 6 : Mr. S.B. Bhosle h/f Mr. P.D. Suryawanshi .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 16th DECEMBER, 2022.

PER COURT :- 1.

The petitioner has put forth prayer clause "B" as under:- "B) By issuing writ of mandamus, order, directions in the like nature, the respondent No.5 & 6 may please be directed to promote the petitioner to the post of cluster chief by giving continuity w.e.f. 2013 in view of the Government Resolution dated 16.02.2018 in the interest of justice." 2.

Having considered the submission of the petitioner, we are not inclined to entertain this petition in the light of the fact that he was temporarily working as Cluster Chief for one year in 2013 and in 2021. After a passage of 9 years, he prays that he should be made a regular Cluster Chief and should be granted continuity in service from 2013.

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The learned advocate for the petitioner submits that the petitioner's representations be considered as per the due procedure, laid down in law.

4.

In view of the above, this petition is disposed off. We observe that respondent No.5 may consider the case of the petitioner by following the due procedure laid down in law with regard to his claim of being granted the post of Cluster Chief.

5.

We make it clear that we have not expressed any view as regards the merits of the claim of the petitioner for the post Chief Cluster. His claim may be considered alongwith all eligible candidates by following the due procedure laid down in law and the requisite qualifications, of course subject to the available vacancies. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/