Rajesh S/O Damaji Gondane And Another v. The State Of Maharashtra, Thr. The Secretary, Urban Development Dept., Mumbai And Others

2025:BHC-NAG:1335-DB

30. WP 5351 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5351/2022 Rajesh s/o Damaji Gondane and another ...Versus...

The State of Maharashtra, through the Secretary, Urban Development Department, Matnralaya, Mumbai - 32 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. V.D. Raut, Advocate for petitioners Mr. A.S. Fulzele, Addl. G.P. for respondent No.1 Mr. Abhay Sambre, Advocate for respondent Nos.2 and 3 CORAM : AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

DATE : 10/02/2025 1.

Heard Mr. Raut, learned Counsel for the petitioners.

2.

The petitioner No.2, who is the daughter of petitioner No.1, is claiming employment in place of the petitioner No.1, in terms of the recommendations of the Lad-Page Committee, in consonance with the Circular, dated 23/03/2006. It is, however, material to note, as pointed out by Mr. Sambre, learned Counsel for the respondent Nos.2 and 3, that the appointment of the petitioner No.1 was in terms of the Government Resolution dated 20/09/2019 (pg.48), by creating supernumerary posts, which were to stand lapsed upon a vacancy being created on any count whatsoever.

30. WP 5351 of 2022.odt 3.

That being the position, the provisions in the various Government Resolutions/Circulars issued by the State in terms of the recommendations of the Lad-Page Committee report, would not be applicable to a post, which is a supernumerary, since the petitioner No.1 was appointed on the supernumerary post, in terms of the Government Resolution dated 20/09/2019. We, therefore, do not see any merit in the writ petition. The same is dismissed. No order as to costs. (ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Wadkar