Manoj Arjun Choudhari And Another v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ WRIT PETITION NO.6558 OF 2016 WITH CIVIL APPLICATION St.NO.24403 OF 2016 MANOJ ARJUN CHOUDHARI AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner :Mr.A.B. Chalak h/f Mr.Talekar S.B.

AGP for Respondents/State:Mr.A.G.Magre.

Advocate for R.Nos.4 and 5: Mr.R.S.

Pawar.

...

CORAM: S.S. SHINDE & SANGITRAO S. PATIL, JJ.

Dated: AUGUST 08, 2016 ...

Not on Board. On mentioning, taken on Board. The learned Counsel appearing for the respondent - Zilla Parishad has no objection to dispose of this petition.

2.

The learned Counsel for the petitioner has tendered across the Bar the copy of the civil application for amendment of the petition. Along with the civil application, the copy of the order dated 21st July, 2016 issued by the respondent - Zilla Parishad terminating

6558.16wp+ the services of the petitioner has been placed on record.

3.

The learned Counsel for the petitioner submits that the petitioner may be allowed to amend the petition so as to challenge the order of termination. The order of termination can be assailed before the competent forum and, therefore, we are not inclined to entertain the application filed in this petition.

However, we allow the petitioner to place on record the copy of the order of termination, which has been annexed with the civil application.

4.

The learned Counsel for the petitioner submits that so as to enable the petitioner to approach the Labour Court, the effect, implementation and execution of the order of termination dated 21st July, 2016 may be stayed.

5.

The learned Counsel for the respondent - Zilla Parishad, on instructions, submits that the order of termination has already been executed.

6.

So as to enable the petitioner to approach the Labour Court, we direct the

6558.16wp+ respondents to maintain status quo as to the post held by the petitioner, as available on today, for further three weeks from today.

7.

In that view of the matter, the civil application as also the writ petition stand disposed of with liberty to the petitioner to take exception to the order of termination before the Labour Court.

(SANGITRAO S. PATIL, J) (S.S. SHINDE, J) kadam/