Maharashtra Rajya Zilla Parishad Vistar Adhikari Arogya Paryavekshak (Vistar) Sanghatana Buldhana v. The State Of Maharashtra Thr. The Secretary Govt. Of Maha. Public Health Dept., Mumbai And Others

0912wp4945.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4945/2016 Maharashtra Rajya Zilla Parishad Vistar Adhikari Arogya/Arogya Paryavekshak (Vistar) Sanghatana, Buldhana, through its General Secretary, Shri Kishor Pundlik Lahane ...Versus...

The State of Maharashtra, through the Secretary to the Govt. of Maharashtra, Public Health Department, Mantralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Sudame, Advocate for petitioner Shri I.J. Damle, AGP for respondents CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 09.12.2016 By this petition, the petitioner - Sanghatana seeks a direction against the respondents to fill the posts of Child Development Officers from the cadre of Health Supervisor Extension immediately.

Shri Damle, the learned Assistant Government Pleader appearing for the respondents states that the vacancies are required to be filled after the process for filling up the vacancies is initiated by the Maharashtra Public Service Commission. It is stated that as and when the process is initiated, the members of the petitioner - Sanghatana can apply. It is stated that a direction may not be issued to the respondents to immediately fill up the posts.

0912wp4945.16.odt We find much force in the submission made on behalf of the respondents that this Court should not direct the respondents to fill up the vacant posts immediately. Merely because the posts are vacant in some of the Departments of the Government, a direction cannot be issued against the Government to fill the posts immediately. In this case, the respondents have stated that they would fill up the posts in the near future through the Maharashtra Public Service Commission. If that is so, it would all the more be necessary to reject the prayer made in the writ petition.

In the circumstances of the case, we dispose of the writ petition with no order as to costs.

JUDGE JUDGE Wadkar