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Bombay High CourtWP/7386/2022disposed off

Nisha Prabhakar Jadhav v. The State Of Maharashtra Through Secretary And Others

2022-07-19Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Anil L. Pansare2 pages

1 57-wp 7386-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7386 OF 2022 Nisha Prabhakar Jadhav .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. V. M. Jaware, Advocate h/f Mr. Santosh B. Bhosle, Advocate for the Petitioner.

Mr. S. G. Sangle, AGP for Respondents-State.

CORAM : RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATED : 19th JULY, 2022.

PER COURT:- 1.

The petitioner, a lady employee, has put forth prayer clauses (C) and (D) as under :- "(C) This Hon'

ble court may be pleased to issue appropriate, writ, order or directions against the respondents directing them to confer the benefit of promotion to the petitioner to the post of Block Development Officer in pursuant to Government Resolution dated 08.03.2017 annexed at Exhibit "G" and subject to decision of pending Special Case ACB/1/2016 pending before Special Court/Additional Sessions Judge, Bhusawal, Dist. Jalgaon.

(D) This Hon'

ble Court may be pleased to expedite the trial Court Special Case No. ACB/1/2016 pending before the learned Special Judge/Additional Sessions Judge, Bhusawal, Dist. Jalgaon as expeditiously as possible and preferably within a three months."

2 57-wp 7386-2022.odt 2.

A reliance is placed on the Government Resolution dated 08.03.2017 for buttressing the submission that though a criminal case is pending against the petitioner, she can be considered for promotion. 3.

In view of the above, this petition is disposed off by calling upon respondent No. 3 to consider the Government Resolution dated 08.03.2017 and if there is any right that accrues to the petitioner, the same may be considered in accordance with the procedure and the policies, applicable.

4.

In so far as, issuing a direction in the nature of a writ of mandamus to a judicial officer, we are of the view that such orders are not be issued to judicial officers, on the judicial side and surely not on a representation.

( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE P.S.B.