Ravindra Sadaram Tidke And Others v. State Of Maharashtra, Through Secretary Health Department, Mumbai And Others

8caw 543.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application (CAW) No. 543/2022 IN Writ Petition (WP) No. 2869/2021 Ravindra Sadaram Tidke and ors.

..VS..

State of Maharashtra and ors.

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s order__________________________________________________________ Shri S.S. Dhengale, Advocate for the applicants/petitioners Shri Neeraj Patil, AGP for non-applicant/respondent nos. 1 to 3/State Shri P.S. Kshirsagar h/f. Shri A.Y. Kapgate, Advocates for non-applicant/respondent nos. 4, 5 and 7 CORAM : A. S. CHANDURKAR AND SMT. M.S. JAWALKAR, J.J. DATED : 14/03/2022 By this civil application the petitioners, who were serving as Ambulance Drivers, pray that the fresh process for appointment of contractual Ambulance Drivers pursuant to Tender Notice dated 29.07.2021 be stayed in view of the earlier order dated 11.08.2021 passed in the writ petition. It is submitted by the learned Counsel for the petitioners that by the aforesaid order this Court had directed that pursuant to the earlier Tender Notice dated 19.07.

2021 the services of the petitioners shall not be disturbed. By the said Tender Notice contractual Ambulance Drivers were to be appointed in the place of the petitioners. According to the petitioners after the said interim order was passed, a fresh Tender Notice was issued (Tender No. E-13). Work in question thereafter been allotted to M/s. Sant Mirabai Seva Sahkari Sanstha Ltd.. That contractor has informed the District Health Officer that within a period of thirty days from 18.02.2022 fresh appointment of Ambulance Drivers would be undertaken on contractual basis.

8caw 543.2022.odt Prima facie, in the light of the order dated 11.08.2021 we find that the petitioners were permitted to continue to work as Ambulance Drivers and it was directed that their services shall not be substituted by other Ambulance Drivers on contractual basis. Leave granted to the petitioners to implead "M/s. Sant Mirabai Seva Sahkari Sanstha Ltd." as respondent no. 9 in the writ petition as well as in Civil Application No. 543/2022. After such impleadment issue notice to the newly added respondent no. 9, returnable on 30.03.2022. In the meantime, the services of the petitioners shall not be disturbed by seeking to replace them with other contractual Ambulance Drivers. Put up for admission on 30.03.2022.

Authenticated copy of this order be supplied to the learned Counsel for the petitioners.

JUDGE JUDGE by SANDIP MAHADEV GATE Date:

2022.03.14 18:31:38 +0530 SANDIP MAHADEV GATE SMGate