Bombay High CourtWP/369/2016dispossed offdismiss for default

Vinod S/O Natthuji Meshram v. The Chief Executive Officer, Zilla Parishad, Nagpur And Another

2016-03-15Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande1 pages

1 wp369.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.369 OF 2016 [Vinod s/o Natthuji Meshram .vs. The Chief Executive Officer, Zilla Parishad, Nagpur and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B. Lahiri, counsel for the petitioner, Mrs. T.D. Khade, counsel for the respondent no.1, Shri N.R. Patil, A.G.P. for the respondent no.2. ..........

CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATED : MARCH 15, 2016.

By this writ petition, the petitioner challenges the orders passed by the Zilla Parishad on 14.7.2014 and 27.7.2011 granting time bound promotion to the petitioner belatedly.

According to the petitioner, the time bound promotion ought to have been granted to the petitioner from the year 2004. The learned counsel for the respondents raise a preliminary objection to the tenability of the writ petition. It is stated that the petitioner has an alternate efficacious remedy of filing an appeal under Rule 14 of the Maharashtra Zilla Parishads, District Services (Discipline and Appeal), Rules, 1964. It is stated that without availing the said remedy, the petitioner has rushed to this court. By upholding the preliminary objection raised on behalf of the respondents, we decline to entertain the writ petition. The petitioner is free to file appropriate proceeding, if so advised. The writ petition is disposed of with no order as to costs. The points raised in the petition are kept open.

JUDGE JUDGE Gulande