Om Jalinder Bade And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:28141-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO. 12212 OF 2024 AKASH SHALIGRAM SABLE AND OTHERS Ms Bhushan Mahajan, Advocate for petitioners WRIT PETITION NO. 12106 OF 2024 SACHIN ROHIDAS AAGE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS Mr A. B. Chalak, Advocate for petitioners WRIT PETITION NO. 12152 OF 2024 SHUBHAM BHAUSAHEB JADHAV AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS Ms Pradnya Talekar, Advocate for petitioners WRIT PETITION NO. 12175 OF 2024 CHANDRAKANT SHIVAJI GAIKWAD AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS

(2) Mr A. B. Chalak, Advocate for petitioners WRIT PETITION NO. 12132 OF 2024 AVINASH RUSTAM WANKHEDE AND OTHERS Mr A. B. Chalak, Advocate for petitioners 923 WRIT PETITION NO. 12875 OF 2024 ANUPAM PRAKASH RAWATE Ms Pradnya Talekar, Advocate for petitioner WRIT PETITION NO. 12974 OF 2024 DATTA GANGADHAR SHINDE AND ANOTHER Mr Kuldeep Patil and Ravi B. Gite, Advocates for petitioners

(3) 970 WRIT PETITION NO. 12150 OF 2024 VAIBHAV SHIVAJI PATIL AND OTHERS Ms Pradnya Talekar, Advocate for petitioners 971 WRIT PETITION NO. 12151 OF 2024 OM JALINDER BADE AND OTHERS THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr Ravi Balasaheb Gite, Advocate for petitioners 972 WRIT PETITION NO. 12176 OF 2024 DEEPAK YADAVRAO MAGAR AND OTHERS THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr Ravi Balasaheb Gite, Advocate for petitioners 973 WRIT PETITION NO. 12177 OF 2024 SANKET SHANTARAM KADAV AND ANOTHER

(4) Ms Pradnya Talekar, Advocate for petitioners 975 WRIT PETITION NO. 12181 OF 2024 RAHUL SHANKAR TAMBE AND OTHERS THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr Ravi Balasaheb Gite, Advocate for petitioners CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 28th November, 2024 PER COURT:

1.

Writ Petition No.12974/2024 was not on board. By consent of the respective sides, taken on board. 2.

The petitioners are taking exception to the ad interim relief granted by the learned Member of the Maharashtra Administrative Tribunal, dated 29/10/2024 in Original Application

(5) No.1283/2024 with Misc. Application No.578/2024 and Misc. Application No.577/2024.

3.

These matters pertain to recruitment to the posts of Multipurpose Health Workers, Health Inspectors and Health Supervisors pursuant to the advertisement dated 28/08/2023. 4.

We have heard both the sides.

5.

Avoiding unnecessary reference to the details, suffice for the purpose to observe that the Tribunal had granted the ad interim relief in following terms :- "8.

In view of above discussion, (i) the effect and execution of the order dated 10.10.2024 (Exhibit-H) is hereby stayed till the next date of hearing and (ii) In the meanwhile if any appointment orders have been issued to the candidates in terms of the impugned order dated 10.10.2024, the same shall remain inoperative till the next date of hearing."

6.

The petitioners in all other petitions except Writ Petition Nos.12106/2024 and 12175/2024 were not before the Tribunal. They all claim to have already been appointed and joined the respective posts pursuant to the selection and appointment orders issued even

(6) prior to the order of the Tribunal dated 29/10/2024. Considering such state of affairs, in all these petitions, ad interim reliefs were granted (except Writ Petition Nos.12212/2024, 12875/2024 and 12974/2024) on the previous dates protecting their appointments and further clarifying that those would be subject to the final outcome of the Original Application.

7.

Though few issues have been raised like maintainability of these petitions, since the substantive application is sub judice before the Tribunal in respect of the petitioners who were not before the Tribunal when an interim relief was granted, it would always be open for them to take recourse to appropriate remedy of preferring a separate Original Application or seeking intervention in Original Application No.1283/2024 which is already pending. In order to extend them such opportunity, since the impugned order is apparently affecting their interest as well, by extending the ad interim relief that has been in operation in some of these matters till 14/12/2024 and granting those petitioners liberty to approach the Tribunal with an appropriate application, all these Writ Petitions are disposed of. 8.

So far as fresh petitions wherein there is no ad interim relief, their appointments shall stand protected till 14/12/2024 granting

(7) them a similar liberty to approach the Tribunal with an appropriate application.

9.

So far as Writ Petition Nos.12106/2024 and 12175/2024, since they are already before the Tribunal and as has been pointed out, on 26/11/2024 the Tribunal has even protected their interest in terms of the order passed by the High Court in the aforementioned matters wherein ad interim reliefs have been granted till 04/12/2024, even their appointments shall stand protected till 14/12/2024 to enable the Tribunal to actively consider all the applications which are already before it and that would be filed simultaneously. 10.

All the issues are kept open.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk