Jairaj S/O Pralhadsingh Gahalod v. The Chief Executive Officer, Zilla Parishad, Nagpur And Another

2302mca1355.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISCELLANEOUS CIVIL APPLICATION NO.1355 OF 2017 IN WRIT PETITION NO.6114 OF 2017 (Jairaj s/o Pralhadsingh Gahlod vs. Zilla Parishad, Nagpur and another) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri P.D. Meghe, Advocate for applicant/petitioner. Shri A. Chutke, Assistant Government Pleader for respondent no.2.

-------- CORAM : B.P. DHARMADHIKARI AND A.D. UPADHYE, JJ.

DATED : FEBRUARY 23, 2018 No appearance for respondent no.1 even today. There was no appearance on 2/2/2018 and hence, opportunity was given to said respondent till today to file appearance.

2) In review application, effort is made to demonstrate that there was no promotion actually, but it was merely upgradation and hence, after petitioner was sent back on his substantive post, there was no scope for anybody else to occupy the upgraded post.

3) Shri Chutke, learned Assistant Government Pleader appearing for respondent no.2 submits that his instructions on review application are still awaited. 4) Respondent no.1 Zilla Parishad has chosen not to appear.

5) In this situation, in the interest of justice, we find it proper to recall the order dated 19/9/2017 so that

2302mca1355.17 2/2 contentions raised by review applicant can be appropriately looked into. Accordingly, miscellaneous civil application is allowed. The order dated 19/9/2017 passed by this Court is recalled and Writ Petition No.6114/2017 is restored back at the stage of admission. JUDGE JUDGE khj