Nanda Sanjay Bhoyar v. Vanita Arvind Khadse And Others

1 WP-4349-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4349 of 2023 Nanda Sanjay Bhoyar

Versus

Vanita Arvind Khadse and others Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri N.B. Bargat, Counsel for Petitioner.

Shri A.S. Fulzele, Additional Government Pleader for Respondent Nos.2 to 4. CORAM : A. S. CHANDURKAR AND MRS. VRUSHALI V. JOSHI , JJ.

ATE : 14 th JULY, .

1.

The challenge raised in the present writ petition is to the order dated 25-4-2023 passed by the learned Vice-Chairman, Maharashtra Administrative Tribunal. The petitioner came to be appointed as Police Patil in the year 2018. Such appointment was for a period of five years. The respondent No.1 challenged the petitioner'

s appointment as Police Patil by filing Original Application No.351 of 2018. In view of the interim order dated 6-6-2018 passed by the Tribunal, the petitioner could not discharge her duties as Police Patil. The Original Application came to be decided on 25-4-2023 by permitting the present petitioner as well as the respondent No.1 to participate in the fresh recruitment process.

2.

The learned counsel for the petitioner submits that now the petitioner has crossed the maximum age for making an application for being recruited as Police Patil. He submits that in view of the pendency of the proceedings before the Tribunal, the petitioner could not function as Police Patil. It is thus prayed that the Sub-Divisional Officer be directed to issue an appointment order to the petitioner.

3.

We find that the term of appointment of the petitioner was for a period of five years which has now expired. The petitioner therefore cannot be issued an appointment order by virtue of her initial appointment in the year 2018. The Tribunal has permitted both the parties to participate in the fresh recruitment

2 WP-4349-2023.odt process. In that view of the matter, we do not find that any relief can be granted to the petitioner.

4.

The writ petition is dismissed. No costs.

(MRS. VRUSHALI V. JOSHI, J.) (A. S. CHANDURKAR, J.) LANJEWAR LANJEWAR 12:18