Narayan Digambarrao Baride v. The Zilla Parishad Jalna Through Its Chief Executive Officer And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10457 OF 2019 NARAYAN DIGAMBARRAO BARIDE

VERSUS

THE ZILLA PARISHAD JALNA THROUGH ITS CHIEF EXECUTIVE OFFICER AND ANOTHER ...

Advocate for the Petitioner : Shri A. S. Deshpande Advocate for Respondent No.1 : Shri A. S.Usmanpurkar AGP for Respondent No. 2 : Shri N. T. Bhagat ...

CORAM : RAVINDRA V. GHUGE, J.

DATED : 5th SEPTEMBER, 2019.

...

PER COURT :

1.

Leave to add the Additional Divisional Commissioner, Aurangabad as respondent No.3. Addition be carried out forthwith.

2.

The learned Advocate for respondent No.1 / Zilla Parishad submits that the review petition filed by the petitioner against the order dated 01/03/2019 in Appeal No. 48/2016 impugned in this petition, is still pending.

3.

Shri Deshpande submitted that two persons have

recently retired and on account of their superannuation, the posts have fallen vacant. The petitioner can be accommodated on the post of Extension Officer (Agriculture). It is therefore prayed that one post may be kept vacant so as to avoid further complications in this matter.

4.

The learned Advocate for the respondent No.1 / Zilla Parishad submits that there are no posts vacant as regards Extension Officer (Agriculture). He, however, submits that he is willing to contest the Review Petition on such a date which this Court may direct the parties to appear in the said proceedings.

5.

Considering the above, this petition is disposed off with the following directions :- (a) The litigating parties shall appear before respondent No. 3 on 18/09/2019 at 03.00 p.m. Formal notices are not necessary to be issued in the pending review proceedings filed by this petitioner.

(b) The petitioner and respondent No.1 shall advance their oral arguments in between 18/09/2019 to 21/09/2019 and

shall conclude their submissions in this period. (c) Respondent No. 3 shall post the matter for passing orders on 04/10/2019 at 03.00 p.m.

(d) The litigating parties are obliged to remain present for noting the pronouncement of the order.

(e) Copies of the order shall be kept ready to be supplied to the parties, by the office of respondent No.3. 6.

Until respondent No. 3 decides the said proceedings, in the event any post of Extension Officer (Agriculture) falls vacant or is vacant today, respondent No.1 shall refrain from filling in the said post.

(RAVINDRA V. GHUGE, J.) shp/-