Premlal S/O Shrawan Donadkar v. Block Development Officer, Panchayat Samiti, Bramhapuri And Others

2024:BHC-NAG:3384-DB 907-WP-5507-2018.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO.

Premlal Shrawan Donadkar vs.

Block Development Officer, Chandrapur & others --------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri R.I.Alone, Advocate for petitioner.

Shri A.M.Sudame, Advocate for respondent no. 1. Shri G.G.Bade, Advocate for respondent no.2.

Shri Y.N.Thengre, Advocate for respondent no.3. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 19th MARCH, 2024.

Leave granted to implead Zilla Parishad, Chandrapur, through its Chief Executive Officer, as party respondent no.4. The amendment be carried out forthwith.

2.

The issue pertains to the selection of respondent no.3 on the post of 'Peon' with respondent no.2-Gram Panchayat. 3.

We have perused the objection raised by the respondent no.1Block Development Officer, Bramhapuri as reflected in the communication dated 20/07/2018 addressed to Sarpanch and UpaSarpanch, Gram Panchayat, Ranmochan. 4.

Apart from above, perusal of the record depicts that the petitioner is comparatively more meritorious than the respondent no.3, still the respondent no.3 appears to have been recommended. 5.

In view of pendency of the writ petition, the respondent no.2 has not issued any appointment order in the matter. 6.

In the aforesaid factual matrix and having regard to the fact that the selection process was completed way back in 2018, we deem it appropriate to issue directions to the respondent nos. 1 and 4 to direct the respondent no.2 to start selection process afresh and complete the

907-WP-5507-2018.odt 2 same within a period of three months from the date of production of copy of this order.

7.

Needless to clarify that the selection process which was already undertaken is hereby declared as lapsed/cancelled in view of the objection raised by the respondent no.1-Block Development Officer as reflected in the communication dated 20.07.2018. The petitioner as well as the respondent no. 3 are at liberty to apply pursuant to the fresh advertisement.

8.

With these directions the writ petition stands disposed of. No costs.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Andurkar.