Vijay S/O Vinayakrao Deotale v. The State Of Maharashtra, Thr. The Secretary, Ministry Of Transport, Mumbai And Others

2024:BHC-NAG:8140-DB 57-WP-8309-2022.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 8309 of 2022 Vijay s/o Vinayakrao Deotale vs.

State of Maharashtra and others.

--------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Mr. Sudhir Malode, Advocate for petitioner.

Mr. D. P. Thakre, Additional Government Pleader for respondent no. 1. Mr. A. S.Mehadia, Advocate for respondent nos. 2 to 4. Mr. V. V. Sharma, Advocate for respondent nos. 6 to 8. CORAM :- NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. DATE :- 29th JULY, 2024 P. C.

The petitioner joined duties as Driver/Conductor in duel capacity with the respondent-Employer-MSRTC.

2.

After his licence for the post of Conductor has expired, it is the case of the respondent-Employer that they have not offered him duties for want of valid licence of Conductor.

3.

Mr. Malode, learned counsel appearing for the petitioner submits that the petitioner is willing to get his licence renewed and shall report to the respondent-MSRTC for duties. He would claim that he is/was always willing to discharge duties of Driver, as appointment was in duel capacity as has been provided to other similar candidates. 4.

In response to the above submission, Mr. Mehadia, learned counsel for the respondent-MSRTC would urge that in case if the petitioner approaches with valid Conductor'

s licence, the claim of the petitioner for providing duties shall be attended to immediately. 5.

In view of aforesaid submissions of both the parties, we see no reason to cause further interference in the matter.

57-WP-8309-2022.odt 2 6.

The statement of the learned counsel for the petitioner that the petitioner shall approach the respondent-MSRTC with renewed licence of Conductor within a period of four weeks from today is accepted. 7.

We also accept the statement of the learned counsel for the respondent-MSRTC that once the petitioner reports for duties with valid Conductor'

s licence, his request for allotment of duties shall be adressed forthwith. This will not preclude the respondent-Employer from offering him duties of Driver.

8.

As far as other prayers in the petition are concerned, this Court has not gone into those prayers. It will be open for the petitioner to approach the respondent-MSRTC with the grievances, which are made in the petition, apart from the aforesaid issue. 9.

We expect respondent-Employer-MSRDC to deal with the grievances of the petitioner in accordance with law.

10. With these directions, the writ petition stands disposed of. No order as to costs.

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