Ainullah Khan S/O Gulab Khan v. The Municipal Council, Telhara, Through Chief Executive Officer, Akola And Others
2024:BHC-NAG:9236-DB 907-MCA-698-2024.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
MISC. CIVIL APPLICATION (Review) No. 698 of 2024 in WRIT PETITION NO. 1130 of 2018(D) Ainullah Khan s/o Gulab Khan vs.
Municipal Council, Talhara, Akola through its Chief Officer and others. --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'
s or Judge'
s Order Coram, appearances, Court'
s Orders or directions and Registrar'
s order --------------------------------------------------------------------------------------------------------- Mr R.D.Karode, Advocate for applicant.
CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 20th AUGUST, 2024 P. C.
Heard Mr. Karode, learned counsel appearing for the applicant. 2.
This Court vide order dated 07.05.2024 dismissed the petition filed by the petitioners wherein invalidation of caste claim was questioned.
3.
Subsequent thereto, the petitioner approached the Apex Court through Special Leave Petition (Civil) being SLP No.14400 of 2024 which was disposed of vide order dated 15.07.2024 permitting the petitioner to approach this Court by invoking writ jurisdiction. 4.
Mr. Karode, learned counsel appearing for the petitioner, would invite our attention to the Government Resolution dated 14.12.2022 so as to claim that the petitioner's services can be absorbed on supernumerary post.
5.
When confronted, the petitioner is unable to demonstrate before the Court that he has already approached the employer with a prayer in respect of above claim.
907-MCA-698-2024.odt 2 6.
That being so, we dispose of the Misc. Civil Application. 7.
We permit the applicant to move before the Authority/Employer in the backdrop of the scheme reflected in the Government Resolution dated 14.12.2022 so as to have services of the petitioner converted on supernumerary post pursuant to the aforesaid Government Resolution. In case, if such request is made by the applicant, we direct Authority/Employer to deal with the same as expeditiously as possible and in any case within a period of four weeks from the date of production of copy of this Court. Decision taken, be communicated to the applicant/petitioner.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.