Dilip S/O Santoshrao Hedaoo v. The Deputy Director And Member Secretary, Scheduled Tribe Scrutiny Committee, Nagpur And Another

wp3487.17.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3487 OF 2017 WITH CIVIL APPLICATION (W) NO.230 OF 2020 (Dilip s/o Santoshrao Hedaoo Vs. The Deputy Director and Member Secretary, Scheduled Tribe Scrutiny Committee, Nagpur and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Shri S.P. Palshikar, Advocate for Petitioner. Shri B.M. Lonare, AGP for Respondent No.1.

Shri A. Kesari, Advocate for Respondent No.2. CORAM: RAVINDRA V. GHUGE AND S.M. MODAK , JJ.

DATE: 13 th FEBRUARY, 2020.

1] This matter was considered on 12.02.2020 and again today. The law as its stand today, would not protect the case of the petitioner in the facts and circumstances that emerge from the record.

2] The learned Advocate for the petitioner submits on instructions today that the petitioner may not be protected in view of the law as its stand. He has moved a Civil Application (W) No.230/2020 placing reliance upon the Government Resolution dated 21.12.2019 by which the State Government has introduced clause 4.1, which would enable the employer to conditionally protect the services of the petitioner considering his long service.

3] The learned Advocate for the Zilla Parishad

wp3487.17.O.odt submits that the representation put-forth by the petitioner dated 06.02.2020, would be considered within a period of six weeks from today.

4] The learned Advocate for the petitioner submits that though this petition can be disposed off, the ad-interim protection granted to him on 07.06.2017 may be continued for a period of six weeks.

5] In view of the above, the writ petition is disposed off. The ad-interim protection granted on 07.06.2017 would be continued upto 27.03.2020. Respondent No.2 Zilla Parishad would consider the representation of the petitioner and pass an appropriate order on or before 27.03.2020. 6] In the event the petitioner is aggrieved by the decision of the Zilla Parishad, he would be at liberty to take recourse to a remedy as may be permissible in law. 7] The civil application is therefore, disposed off. (S.M. Modak, J.) (Ravindra V. Ghuge, J.) Nikhare