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Bombay High CourtWP/4668/2015dispossed offdismiss for default

Pralhad S/O. Maroti Rathod v. State Of Maharashtra, Through Its Secretary,Dept.Of Social Justice And Special Assistance And Other

2015-09-09Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

WP4668-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4668/2015 (PRALHAD MAROTI RATHOD VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.N. Patre, counsel for the petitioner.

Ms N.P. Mehta, A.G.P. for the R-1 to 3 & 7.

CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : SEPTEMBER 9 , 2015.

By this petition, the petitioner seeks a direction to the Regional Deputy Commissioner, Social Welfare, to direct the respondent nos.5 and 6 to allow the petitioner to join his duties on the post of Peon.

Ms Mehta, the learned Assistant Government Pleader, states that the petitioner has averred in the petition that the services of the petitioner are terminated on 25.07.2014. It is stated that the petitioner can avail the appropriate remedy for challenging his termination. It is stated that the petitioner cannot approach this Court to seek a direction to the respondent no.3 to further direct the respondent nos.5 and 6 to permit the petitioner to join his duties after he is terminated.

On hearing the learned Assistant Government Pleader, we decline to entertain the writ petition as the services of the petitioner are terminated. No direction could be issued after the termination of the services of the petitioner to the respondent nos.5 and 6 to permit the petitioner to join his duties. If the petitioner is aggrieved by the order of termination, the petitioner is free to challenge the same, if so advised. The writ petition is disposed of with no order as to costs.

The points raised in the petition are kept open.

WP4668-15 JUDGE JUDGE APTE