Laxmanrao Bhimrao Deshmukh v. The State Of Maharashtra Through The Secretary And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 956 CIVIL APPLICATION NO. 9486 OF 2022 IN WP/5316/2022 WITH CA/9485/2022 IN WP/5316/2022 LAXMANRAO BHIMRAO DESHMUKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.Rathod Abhay R.

AGP for Respondents-State : Mr.A.R.Kale Advocate for Respondent No. 4 : Mr.Solanke Sachin B. Advocate for Intervener : Mr. Y.L.Bidve ...

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

DATE : 29th JUNE, 2022 PER COURT :

1.

In this petition, the petitioner has putforth a prayer that the appointment of respondent No. 3 should be cancelled, as she is totally disqualified and ineligible for appointment as 'Anganwai Sevika'.

2.

By Civil Application No. 9486 of 2022, the applicant Laxman Bhimrao Deshmukh contends that he is a social worker. He has preferred a P.I.L. petition, for introducing the 'Anganwadi' in the Cantonment Area at Aurangabad. He has a suspicion that respondent No. 3 is manufacturing bogus documents to secure employment as 'Anganwadi Sevika'.

The learned Advocate for the petitioner submits that Respondent No. 3 has already been appointed and this petition is for seeking cancellation of her appointment.

4.

It is well settled that in service jurisprudence there cannot be an intervention by a social worker, notwithstanding that, he may have been instrumental in the introduction of the 'Anganwadi' in the Cantonment area, Aurangabad. When a specific challenge to the appointment of respondent No. 3 is before us in Writ Petition, we do not require the assistance of a Social Worker. 5.

In view of the above, Civil Application No. 9486 of 2022 stands rejected.

6.

The petitioner desires to amend the Writ Petition by Civil Application No. 9485 of 2022.

7.

The petition is at pre notice stage. As such, the Civil Application is allowed and the proposed paragraph No. 20 (a to c) shall be added to the pleadings. Addition be carried out and a freshly typed amended copy of the memo of petition be filed on or before 8th July, 2022.

8.

After the amendment is carried out, issue notice to the respondents, returnable on 03rd August, 2022.

The learned AGP waives service of notice on behalf of respondent Nos. 1 to 5. Mr. S.B. Solanke, the learned Advocate waives service of notice, on behalf of respondent No. 4. 9.

All office objections to be removed, within three weeks. 10.

List this petition in the urgent admissions category on 03rd August, 2022.

( ANIL L. PANSARE ) ( RAVINDRA V. GHUGE ) JUDGE JUDGE mahajansb/