Ganesh Dattatraya Thakur v. The State Of Maharashtra And Others

1 55-WP-5423-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 55 WRIT PETITION NO.5423 OF 2020 GANESH DATTATRAYA THAKUR

VERSUS

THE STATE OF MAHARASHTRA THRO PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr K.T. Shirrurkar Addl. G.P. for Respondent Nos. 1 to 3 : Mr P.S. Patil Advocate for Respondent No. 4 : Mr A.G. Vasmatkar CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, J.J.

DATE : 17th JANUARY, 2022 PER COURT :

1.

The impugned order placing the petitioner in the supernumerary post is passed without notice to the petitioner and without hearing the petitioner. 2.

It is trite that if any order adverse to the interest of the parties is passed, the principles of natural justice are required to be adhered to. 3.

In light of that, the impugned order is quashed and set aside. The respondents shall not place the petitioner on supernumerary post only on the ground that validation proceeding is pending. The employer may take further course of action depending upon the judgment that will be delivered by the Committee in the validation proceeding.

4.

Writ Petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta