Ku. Ranjana Shriram Kathane Alias Smt. Disha Pravin Malkapure v. Zilla Parishad, Yavatmal Through Its Chief Executive Officer And Others

Order 3003wp1703-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION No.666 OF 2022 AND WRIT PETITION No. 1703 OF 2022, Ku. Ranjana Shriram Kathane.

....

Petitioner.

VERSUS

Zilla Parishad, Yavatmal and others.

....

Respondents.

----------- Mr.Anjan De, Advocate for the Petitioner.

Mr.N.S. Rao, A.G.P. for Respondent No.3.

------------ CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 30 MARCH 2022.

P.C.

The Petitioner has filed the Writ Petition in August 2021 seeking a direction that seniority list be corrected. When the petition was filed, no decision was taken. Subsequent to filing of the petition, Respondents have taken a decision and have rejected the prayer of the Petitioner giving certain reasons and consequently promotion to the Petitioner has been denied.

Order 3003wp1703-22 2.

According to us Civil Application for amendment is not a proper remedy, as by way of above decision, a cause of action has now arisen for the Petitioner to challenge the refusal and consequential non grant of promotion, and appropriate course of action would be to file a substantive petition. Granting such leave to the Petitioner, Civil Application and Writ Petition, both are disposed of.

(ANIL L. PANSARE, J) (NITIN JAMDAR, J) Rgd