Varsha Chokhobaji Kamble And Others v. State Of Maha., Thr. Its Secretary, Rural Development Department, Mumbai And ORS.

1 WP-899-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.899 of 2024 Varsha Chokhobaji Kamble and others Versus State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms Shabana Khan, holding for Shri S.I. Khan, Counsel for Petitioners. Shri S.M. Ukey, Additional Government Pleader for Respondent Nos.1, 2, 4 and 7. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

D ATE : 9 th FEBRUARY, Civil Application (CAW) No.330 of 2024 :

1.

For the reasons disclosed in the application, the application is allowed. Necessary amendment be carried out within a period of two weeks. 2.

The civil application stands disposed of.

Writ Petition No.899 of 2024 :

1.

If the amendment is carried out within the stipulated period, issue notice before admission to the respondents, returnable on 22-3-2024. 2.

It is the contention of the learned counsel for the petitioners that the issue raised in the present petition is similar to one that was raised in the matter of Chetan Pramod Gangele Versus The State of Maharashtra and others in Writ Petition No.2461 of 2022 decided on 20-6-2022 by Aurangabad Bench. 3.

It is the contention of the learned counsel for the petitioners that by passage of time, the petitioners have crossed the age limit and it is the failure of the respondents to frame a scheme for absorption of the petitioners on regular establishment and, therefore, now the petitioners cannot be unsuited. He has further contended that the advertisement published by the respondent-Zilla Parishad cannot surpass the claim of the petitioners for regularization. 4.

In view thereof, we direct that the posts occupied by the petitioners, if not already filled in, be kept vacant until further orders. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Signed by: Prashant D. Lanjewar Designation: Senior Pvt. Secretary Date: 13/02/2024 12:46:57 LANJEWAR