Shri Gadepalli Tirupati S/O Pochem v. The Sub-Area Manager, Ballarpur Area Western Coalfields Ltd. Chandrapur And Another

WP1266-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1266/2015 (GADEPALLI TIRUPATI POCHEM VERSUS THE SUB-AREA MANAGER, W.C.L., CHANDRAPUR & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri G.M. Shitut, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : AUGUST 25 , 2015.

By this petition, the petitioner seeks a direction to the respondents to extend the benefit of continuity of service in terms of the Award of the C.G.I.T. dated 19.09.2011, in a time bound manner. The petitioner also seeks the arrears of salary for the period from the date of the Award of the C.G.I.T. till the date on which the petitioner was reinstated, i.e. 23.11.2012. The relief sought by the petitioner cannot be granted in exercise of the writ jurisdiction. If the respondents have not complied with the Award of the C.G.I.T., the petitioner has other remedies and the petitioner may avail the remedies for implementation of the Award of the C.G.I.T. The Award of the C.G.I.T. need not be implemented by issuance of a Mandamus. If the petitioner was reinstated only on 23.11.2012 and the petitioner has a grievance in respect of the same, the petitioner is entitled to raise the grievance before appropriate authority. In view of the aforesaid, the writ petition is dismissed with no order as to costs.

JUDGE JUDGE APTE