Bombay High CourtWP/5336/2017dismissedrule discharged

Gulab S/O Shivnath Hedau v. The State Of Maharashtra Thr. Secretary, Health Department, Mumbai And Another

2018-03-26Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP5336-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5336/2017 (GULAB SHIVNATH HEDAU VERSUS THE STATE OF MAHARASHTRA & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.V. Deshmukh, counsel for the petitioner. Shri I.J. Damle, A.G.P. for the R-1 & 2.

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : MARCH 26 , 2018.

By this writ petition, the petitioner challenges the order of the Maharashtra Administrative Tribunal, dated 25.04.2017 dismissing the original application filed by the petitioner. The petitioner was appointed as a Laboratory Technician on a post earmarked for the scheduled tribes. The petitioner's services were terminated by the concerned respondents in April-2001. The petitioner had filed a representation to the Joint Director for protection of his services but the same was rejected. Basing his claim on the judgment of the Full Bench reported in 2015 (1) Mh.L.J. 457 (Arun Vishwanath Sonone Versus State of Maharashtra & Others), the petitioner had filed the original application before the Maharashtra Administrative Tribunal for seeking the protection of his services. The said application was however dismissed by the impugned order.

In view of the judgment rendered by the Hon'ble Supreme Court, reported in 2017(4) Mh.L.J. 898 (Chairman and Managing Director, Food Corporation of India & Others Versus Jagdish Balaram Bahira & Others) by which the Full Bench judgment in the case of Arun Sonone is overruled, the relief sought

WP5336-17 by the petitioner cannot be granted. There is no infirmity in the impugned order of the Maharashtra Administrative Tribunal, more so as the judgment on which the petitioner had relied for seeking the protection is overruled by the Hon'ble Supreme Court. In the result, we dismiss the writ petition with no order as to costs.

JUDGE JUDGE APTE