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Bombay High CourtCAO/217/2018admittedallwdgrantedrule absolute

Post Master General, Nagpur Region, Nagpur v. Shri Shankar S/O Motiramji Shivarkar

2018-02-02Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

cao217.18-Order 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLN. (O) NO. 217 OF 2018 IN M. C. A ST. NO.1837 OF 2018 IN WRIT PETN. NO. 1948 OF 2013 (D) Post Master General, Nagpur Region and others -vsShankar Motiramji Shivshankar ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mrs.Mugdha Chandurkar, counsel for the applicants/petitioners. CORAM : SMT. VASANTI A NAIK & M.G.GIRATKAR, JJ.

DATE : 02.02.2018.

CIVIL APPLN. (O) NO. 217 OF 2018 Heard.

For the reasons stated in the application, the delay in filing the miscellaneous civil application is condoned. The civil application is allowed and disposed of. M. C. A ST. NO. 1837 OF 2018 The learned counsel for the applicants states that though there was no similarity in the decided case and the present case that was disposed of on the basis of the judgment in the decided case, on the statement made by the learned counsel for the parties, the order dismissing the writ petition was passed and a direction was issued against the applicants to place the name of the non-applicant in the waiting list and appoint the non-applicant as GDS employee/Gramin Dak Sevak by giving preference to him. It is stated that in the

cao217.18-Order 2/2 instant case, the non-applicant/original respondent had put in only thirteen and half months of service and this fact was not brought to the notice of this court.

We are not inclined to review the order dated 08/08/2017 as while dismissing the writ petition, we had directed the applicants/original petitioners to place the name of the non-applicant/original respondent in the waiting list and appoint him as a GDS employee/Gramin Dak Sevak, if all the conditions are satisfied. If according to the applicants, the conditions are not satisfied, a case for review cannot be made out and an appropriate decision may be taken while considering the claim of the non-applicant/original respondent for his appointment after his name is placed in the waiting list. Hence, we dismiss the review application.

JUDGE JUDGE KHUNTE