Vijayashree Vijay Gulhane And Another v. The State Of Maharashtra, Thr. Secretary, Public Health Dept., Mumbai And ORS.

1 28-CAW-2761-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO. 2761 OF 2022 IN WRIT PETITION NO. 7918 OF 2022 (Dr. Vijayashree Vijay Gulhane & Anr. Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mohd. Ateeque, Advocate for the applicants/ petitioners. Shri A.A. Madiwale, Assistant Government Pleader for respondent Nos. 1, 2 and 4/ State.

CORAM : A. S. CHANDURKAR AND ANIL L. PANSARE , JJ.

D ATE : DECEMBER 12 , 202 2 .

At the request of petitioner No.2, her name is permitted to be deleted from the array of parties.

The Civil Application is allowed and disposed of. W RIT PETITION NO. 7918/2022 Considering the limited relief sought in the Writ Petition, notice is restricted to respondent Nos. 1, 2 and 4. The learned Assistant Government Pleader waives notice for the said respondents. Notice on respondent No.3 is dispensed with.

The petitioner was serving on the post of Medical Officer (Female) at the Health Center after being appointed by respondent No.3 on ad hoc basis. This appointment was to continue till a regularly selected candidate was made available. The services of the petitioner have been dispensed with on 29/8/2022 and against that order, the petitioner has preferred an appeal before respondent No.2. It is submitted that though the said appeal was filed in September - 2022, it has not yet been decided.

In view of aforesaid, respondent No.2 is directed to decide the aforesaid appeal preferred by the petitioner challenging the order dated 29/8/2022 within a period of three months from receipt of copy of this order. Respondent No.2 is free to consider the same including the aspect whether such appeal is tenable or

2 28-CAW-2761-2022.odt not. All points raised in that regard are kept open. The decision taken be communicated to the petitioner.

With the aforesaid directions, the Writ Petition is disposed of. (ANIL L. PANSARE, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL