Shahzad Ahmad Abdul Sattar v. Divisional Commissioner, Amravati Division, Amravati And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6404/2016 Shahzad Ahmad Abdul Sattar ...Versus...

Divisional Commissioner, Amravati Division, Camp, Amravati and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.V. Shiralkar, Advocate for petitioner Shri A.M. Joshi, AGP for respondent no.1 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 01.12.2016 Heard.

By this petition, the petitioner challenges the order of the Chief Executive Officer, Zilla Parishad, Amravati, dated 28.7.2016, rejecting the prayer of the petitioner for grant of salary for 201 days on the principle of 'no work no pay'. We find that the petitioner has an alternate efficacious remedy for challenging the impugned order. Instead of availing the remedy of filing an appeal under Rule 14 of the Maharashtra Zilla Parishad, District Services (Discipline and Appeal) Rules, 1964, the petitioner has filed the instant petition. Since the matter pertains to the leave salary, it would be proper for the appellate authority to first decide the same. Hence, we decline to entertain the writ petition, in view of the existence of alternate remedy.

The writ petition is disposed of with no order as to costs. The points raised in the petition are kept open. JUDGE JUDGE Wadkar