Bombay High CourtCAW/2093/2014admittedallwdgrantedrule absolute

Rashtriya Apang Association Amravati,Through Its President/Secretary v. Regional Deputy Commissioner Social Welfare Department Amravati, And 3 Others

2016-01-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp3683.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3683 OF 2014.

(RASHTRIYA APANG ASSOCIATION, AMRAVATI..VS..REGIONAL DEPUTY COMMISSIONER & 3 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JANUARY 04, 2016.

Heard Shri P.S.Patil, advocate for the petitioner, Shri V.N. Patre, advocate for the respondent No.3 and Ms S.S. Jachak, A.G.P. for the respondent Nos. 1 and 2. The submission on behalf of the petitioneremployer is that the Regional Deputy Commissioner has committed an error in condoning the delay of more than five years and simultaneously allowing the appeal filed by the respondent No.3-employee.

The petition raises arguable points.

RULE.

Shri Patil, learned advocate for the petitioner states that other employee has been appointed in the post for which the respondent No.3 has made claim and the appointment of the employee subsequently appointed is as per the procedure. If the appointment of the subsequently appointed employee is as per the procedure he / she may be continued. However, if the post is vacant it shall not be filledin without permission of this Court.

2 wp3683.14 Accepting the statement made on behalf of the petitioner-management that some other employee has been appointed, it is directed that during pendency of the writ petition, the effect, operation and execution of the impugned order is stayed.

Shri V.N. Patre, advocate waives notice for the respondent No.3 and Ms S.S. Jachak, A.G.P. waives notice on behalf of the respondent Nos. 1 and 2.

C.A.W.NO. 2093/2014.

Filing of the true translation of the document in vernacular is dispensed with on the condition that the petitioner shall file the true translation as and when directed by this Court.

The Civil Application is allowed accordingly. JUDGE RRaut..