Varsha Sushim Lokhande v. Chief Executive Officer, Zilla Parishad, Chandrapur And Others
wp4105of17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR Writ Petition No.4105 of 2017 (Varsha Sushim Lokhande Vs. Chief Executive OfÏcer, ZP, CHandrapur) ______________________________________________________________________________ OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.
and Registrar's orders Mr. N.N.Potbhare, Advocate for petitioner.
Mrs.A.R. Kulkarni, AGP for respondents.
CORAM : B.P.DHARMADHIKARI & R.B.DEO, JJ.
DATE : 17.07.2017.
Heard Advocate Potbhare for petitioner.
Learned AGP appearing for respondent no. 3 points out that as yet notices are not issued.
We find that grievance made is issuance of appointment order to respondent no. 5, though appeal preferred by petitioner in the matter of recruitment process to the post of 'Anganwadi Madatnis', is still pending.
According to Advocate Shri.
Potbhare because of pendency of appeal, appointment order could not have been issued. He further submits that appeal is being kept pending awaiting necessary clarification / guidelines from State Government, appointed respondent no.5.
wp4105of17.odt Without prejudice to right of respondents to file reply and in absence of instructions, AGP submits that the appeal can be decided within reasonable time.
Appeal is pending with respondent no.1 - Chief Executive OfÏcer.
In this situation, as respondent no.
5 has already been appointed, we direct respondent no. 1 to decide appeal of petitioner if it is still pending at the earliest and in any case within six weeks of the communication of this order to him. Petitioner to communicate this order to respondent no.1. It is made clear that all defences available to respondents including issue of maintainability of appeal are open and can be looked into by respondent.
With these direction and keeping all contention of petitioner also open, we dispose of writ petition. No cost.
JUDGE JUDGE Belkhede, PA