Anjali Balaji Narhare v. The State Of Maharashtra Thr Its Secretary And Another

( 1 ) 33 wp 7527.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 WRIT PETITION NO.7527 OF 2021 ANJALI BALAJI NARHARE

VERSUS

THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ANOTHER ...

Advocate for Petitioner : Mr. Gunale V.D.

AGP for Respondents/State : Mr. S.B. Yawalkar Advocate for Respondents : Mr. Rodge Krishna P. ...

CORAM : SMT. VIBHA KANKANWADI & Y.G. KHOBRAGADE, JJ.

DATE : 17th October, 2022 P.C. :- Learned AGP submits that the petitioner is seeking appointment on compassionate ground. The husband of the petitioner was serving as a Police Constable and under such circumstances the petitioner has alternate efficacious remedy to approach the Maharashtra Administrative Tribunal (MAT).

2.

Learned advocate Mr. Gunale submits that the petitioner is pursuing her petition since last one year before this Court. 3.

When alternate efficacious remedy is available then that should be exhausted first and therefore learned advocate for the petitioner submits

( 2 ) 33 wp 7527.21 that the petitioner would go to the said forum, however, he is worried about limitation. Definitely the fact that the petitioner was pursuing her remedies before this Court will have to be then considered by the Tribunal. Under such circumstances, the following order is passed: ORDER:

I) The writ petition stands disposed of as withdrawn. II) The petitioner is at liberty to approach the Maharashtra Administrative Tribunal (MAT) for the reliefs claimed. The concerned authority to consider the period pursued by the petitioner before this Court and the point of limitation and accordingly in view of Section 14 of the Limitation Act, the benefit, if any, may be given.

[Y.G. KHOBRAGADE, J.] [SMT. VIBHA KANKANWADI, J.] mub