Bombay High CourtWP/4221/2014dispossed offdismiss for default

Kundan S/O Chokhaji Patil v. The State Of Maha., Through Secretary Higher And Technical Education Department, Mumbai And Another

2015-04-28Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar1 pages

1 wp4221.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4221 OF 2014 [Kundan s/o Chokhaji Patil .vs. The State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Wathore, counsel for the petitioner, Shri T.R. Kankale, AGP for the respondents.

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CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATED : APRIL 28, 2015.

By this petition, the petitioner seeks a direction to the respondent no.1 to consider the case of the petitioner in view of the recommendation dated 23.1.2006 and appoint the petitioner on the post of Lecturer in Physics on the basis of the advertisement dated 31.3.2005.

Shri Kankale, the learned Assistant Government Pleader appearing on behalf of the respondents, states that the petitioner has an alternate remedy of filing an original application before the Maharashtra Administrative Tribunal and instead of filing an original application, the petitioner has approached this court. Since the matter pertains to the services of the petitioner, we uphold the preliminary objection raised on behalf of the respondents and decline to entertain the writ petition. The learned counsel for the petitioner seeks continuation of the ad-interim relief granted by this court on 8.8.2014, for a period of three weeks. Since the interim relief is operating for more than six months, the prayer made on behalf of the petitioner could be granted. Hence, we dispose of the writ petition by continuing ad-interim relief, by a period of three weeks only. The points raised in the petition are kept open. Order accordingly. No costs. JUDGE JUDGE Gulande