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Bombay High CourtWP/8584/2024disposed off

Pramila Raju Shikokar v. The State Of Maharashtra Through Its Principal Secretary And Others

2024-08-13Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2024:BHC-AUG:17874-DB 1 WP / 8584 / 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO. 8584 OF 2024 PRAMILA RAJU SHIKOKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for petitioner : Mr. Vinod Prakash Patil AGP for the respondent - State : Ms. S.S. Joshi ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 13 AUGUST 2024 PC :

Heard the learned advocate for the petitioner. 2.

Petitioner is seeking appointment on compassionate ground.

3.

It transpires that in writ petition no. 7833 of 2015 by order dated 10-10-2016, the petitioner was granted the same relief whereby the respondent - Education Officer was directed to include her name in the list to be maintained according to the government resolution dated 31-12-2002 and to take appropriate steps if and when the vacancy was available with the respondent - management.

4.

It is now being pointed out that by virtue of prayer clause (B), he is espousing a public cause, inasmuch as she is now seeking

2 WP / 8584 / 2024 mandamus for implementation of the government resolution dated 31-12-2002 to the extent of stipulation contained in clause no. 6 annexure - A, requiring the Education Officers to maintain a seniority list or wait list of the candidates seeking appointment on compassionate ground.

5.

Since the petitioner is soliciting order in her favour in spite of being already armed with the order passed in earlier round, she ought to have solicited its implementation, may be by resorting to the appropriate proceeding for dis-obedience of the order. The second writ petition for the same relief would not be maintainable. 6.

Granting liberty to the petitioner to take appropriate steps or to resort to the appropriate remedy for implementation of the order dated 10-10-2016 passed in writ petition no. 7833 of 2015 and even giving her liberty to espouse a public cause, in an appropriate proceeding, the petition is disposed of.

[ SHAILESH P. BRAHME ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/