Bombay High CourtWP/5654/2016dispossed offdismiss for default

The Maharashtra, State Gazetted Medical Officer, Mumbai Thr. Secretary Pramod W. Rakshamwar v. The State Of Maharashtra, Through Secretary, Public Health Department, Mumbai And Another

2016-11-21Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1 wp5654.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5654 OF 2016 [The Maharashtra State Gazetted Medical Officers, Group-A Association .vs. The State of Maharashtra and one] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Rohit Joshi, counsel for the petitioner, Shri S.P. Deshpande, AGP for the respondents. ..........

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : NOVEMBER 21, 2016.

Shri Sanjiv Deshpande, the learned Additional Government Pleader appearing on behalf of the respondents, raises a preliminary objection to the tenability of the writ petition. It is stated that since the petitioner is an association of the government servants and is agitating a matter pertaining to promotion, the petitioner would be required to file an original application under Rule 19 of the Administrative Tribunals Act, 1985.

By upholding the preliminary objection raised on behalf of the respondents, we decline to entertain the writ petition. The writ petition is disposed of with no order as to costs. The points raised in the petition are kept open. JUDGE JUDGE Gulande, PA