Bharti W/O Rahul Durve v. State Of Maharashtra, Commissioner, Health Services, Mumbai And Others

1 913. WP 8264-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.8264/2019 Bharti w/o Rahul Durve .Vs. State of Maharashtra and others. ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri K.J. Rawandhe, Advocate for the petitioner. Ms. N.P. Mehta, AGP, for respondent No.1.

CORAM : R.K. DESHPANDE & AMIT B. BORKAR, JJ.

DATED : 21st January, 2020.

The challenge in this petition is to the order dated 21.11.2019 passed by the respondent No. 3, absorbing the petitioner in service as '

Auxiliary Nursing Midwifery' at Pusad. According to the petitioner, the absorption has to be as per the guidelines provided under communication dated 03.07.2019, issued by the Commissioner. The petitioner submits that she was required to be posted at Yavatmal and not Pusad. In our view, the petitioner must thank herself for getting an order of absorption dated 21.11.2019 instead of raising dispute in respect of it. If the petitioner wanted posting somewhere else, that can be done only after absorption in service. To allow the petition in terms of prayer clause (i) would mean that the petitioner would be thrown out of employment. We, therefore, dismiss this petition.

JUDGE JUDGE JPP