Atul S/O Madhukar Gawande v. Zilla Parishad, Akola Through Chief Executive Officer

1 3-A-LD-VC-CW-775-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR LD-VC-CW NO. 777 OF 2020 MANOJKUMAR JAYNARAYAN JAISWAL AND ANOTHER V E R S U S ZILLA PARISHAD AKOLA WITH LD-VC-CW NO. 778 OF 2020 ATUL S/O MADHUKAR GAWANDE V E R S U S ZILLA PARISHAD AKOLA ------------------------------------------------------------------------------------------- Shri Ram Karode, Advocate for petitioners.

Shri K. S. Malokar, Advocate for respondent.

------------------------------------------------------------------------------------------- CORAM:- R. K. DESHPANDE AND N. B. SURYAWANSHI, JJ.

DATED :

10/08/2020.

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and video quality was proper.

2.

Rule, made returnable forthwith. Learned Counsel Shri Malokar waives service of notice for respondent - Zilla Parishad, Akola. Heard finally with consent of the learned Counsels for the parties. 3.

The matters seem to be covered by the decision of this Court rendered in Writ Petition

2 3-A-LD-VC-CW-775-2020.odt No.5385 of 2018 which was disposed of on 26/10/2018. Paragraphs 3 and 4 of the said decision which are relevant are reproduced herewith :

"3) Accordingly, if any vacancies are now available and the petitioners are willing to join at those places, the decision will have to be taken by the employer first.

4) We, therefore, direct the petitioners to make a representation pointing out vacancies at relevant places within a period of one week from today, if such representation is already not made. We direct the respondent - Chief Executive Officer to take a decision on such representation within a period of three weeks from the date of communication of this order to it."

4.

The petitioners claim that all these writ petitions can be disposed of in terms of paragraph Nos. 3 and 4 reproduced above.

5.

Learned counsel appearing for respondent states that eight weeks time may be granted to take decision on the representation of the petitioners. Hence, the following order.

ORDER

I.

Accordingly, if any vacancies are available and petitioners are willing to join on those places, the decision will have to be taken by employer.

3 3-A-LD-VC-CW-775-2020.odt II.

We, therefore, direct the petitioners to make a representation pointing out vacancies at relevant places within a period of one week from today, if such representation is already not made. We direct the respondent - Chief Executive Officer to take a decision on such representation within a period of eight weeks from the date of communication of this order.

6.

Rule is made absolute in the above terms. No order as to costs.

7.

This judgment be communicated to the learned Counsels appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE JUDGE Choulwar by Vithal Choulwar Date:

2020.08.11 12:23:55 +0530 Vithal Choulwar