Ramdas S/O Govinda Somankar v. The Dept. Of School Education And Sports, Govt. Of Maha., Mumbai Thr. Secretary And Others

2024:BHC-NAG:4070-DB 38-WP-2382-2024.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.

of Ramdas s/o Govinda Somankar vs.

The Department of School Education and Sports, Govt. of Maharashtra and others. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri W. N. Nayse, Advocate (appointed from Legal Aid) for petitioner. Shri N. S. Rao, Assistant Government Pleader for respondent nos. 1 to 3. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 8th APRIL, 2024.

Heard.

2.

On a fixed remuneration the petitioner was claimed to have worked with the respondent - Nagar Parishad upto 2000 from 1992, after which his services were discontinued. According to the petitioner, he having improved his qualification should have been accommodated and continued in the employment. The failure of the respondentNagar Parishad is formed to be a basis to entitle him for the salary for a period from 01.07.1992 to 30.06.2022 which is to the tune of Rs.79,80,291/- with 9% interest per annum.

3.

If the aforesaid contentions are appreciated, the fact remains that the petitioner has approached this Court after a lapse of almost 24 years that too, without there being any explanation. 4.

We cannot infer from the record that the respondent-Nagar Parishad any time after 2000, when the petitioner's services were discontinued which were on a fixed remuneration of Rs.1,500/-, was promised re-employment. Even otherwise, the petition suffers from delay and laches.

5.

That being so, no case is made out for interference in writ jurisdiction. The petition fails and it is accordingly dismissed. No costs.

38-WP-2382-2024.odt 2 6.

The legal remuneration payable to the counsel for the petitioner, who is appointed from the legal aid panel, be quantified and paid as per the schedule.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.