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Bombay High CourtWP/6707/2021allowed to be withdrawn at admission stage

Smt. Rohini Rajendra Lavte v. The Additional Commissioner Tribal Development Thane And ANR

2022-06-08Hon'Ble The Chief Justice,Hon'Ble Shri Justice M. S. Karnik2 pages

902-aswp6707-2021 AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6707 OF 2021 Smt. Rohini Rajendra Lavte

...Petitioner

V/s.

The Additional Commissioner Tribal Development Thane & Anr.

...Respondents

Mr. Tejas D. Deshmukh for the petitioner.

Mr. M. M. Pabale, AGP for the State.

CORAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE:

JUNE 8, 2022 P.C.:

1.

The petitioner invoked the writ jurisdiction of this Court on 27th October 2020 seeking an order on the respondents to appoint her on the vacant post of Warden (Female) in Government hostels in Thane pursuant to an advertisement issued by the Office of the Additional Commissioner, Tribal Development, Thane Division, Thane.

2.

Since the claim of the petitioner pertains to recruitment in State service and the petitioner has not approached the Maharashtra Administrative Tribunal (hereafter "Tribunal", for short) at the first instance, this writ petition at this stage before this Court is not maintainable. Accordingly, the writ petition stands dismissed. No costs.

902-aswp6707-2021 3.

This order shall, however, not preclude the petitioner to approach the Tribunal in accordance with law. 4.

Since the petitioner has erroneously invoked the writ jurisdiction of this Court and the writ petition has been pending since October 2020, the Tribunal may consider any application for condonation of delay, if filed by the petitioner, bearing in mind Section 14 of the Limitation Act, 1963. (M. S. KARNIK, J.) (CHIEF JUSTICE) Digitally signed by ATUL GANESH KULKARNI Date:

2022.06.09 18:29:51 +0530 ATUL GANESH KULKARNI