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Bombay High CourtWP/7598/2024disposed off

Alishan Shivaji Ahire v. State Of Maharashtra Thr Its Secretarytribal Development And ORS

2024-11-18Hon'Ble Shri Justice Ravindra V. Ghuge , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

Digitally signed by GAURI AMIT GAEKWAD Date:

2024.11.21 15:20:48 +0530 GAURI AMIT GAEKWAD 11.WP-7598-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7598 OF 2024 Alishan Shivaji Ahire ....Petitioner

Versus

The State of Maharashtra and Ors.

....Respondents ---- Mr. R.K. Mendadkar (through VC) a/w. Mr. Chintamani K. Bhangoji for the Petitioner.

Mr. Rohit Sakhadeo for Respondent No.3.

---- CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 18th NOVEMBER, 2024 P.C. :- 1.

The Petitioner has received her validity certificate, which is granted by the Competent Committee on 15th July, 2024. This was the only impediment in the path of the Petitioner's joining her duties.

2.

The learned Advocate for the Zilla Parishad has expeditiously taken instructions and placed a copy of the communication dated 18th October, 2024 (sic. 18th November, 2024) on record, which is marked as 'X' for identification. By the said Gauri Gaekwad

11.WP-7598-2024.odt communication, the Zilla Parishad has taken a decision to allow the Petitioner to report for duties on 30th November, 2024. 3.

Since 30th November, 2024 is a Saturday, we direct that the Petitioner would report for duties on 2nd December, 2024. The Zilla Parishad shall allow her to submit her joining report and accordingly, record that she has joined duties. 4.

The learned Advocate for the Petitioner submits that, as the dispute of joining duties from 20th December, 2023 till November, 2024 still remains unresolved, the Petitioner has already moved a representation dated 18th July, 2024 praying for the said period to be considered as 'on duty' and she be paid the salary. 5.

Let the Zilla Parishad deal with the said representation on it's own merits within a period of 60 days from today. If the Petitioner is aggrieved by the decision of the Zilla Parishad, she is at liberty to avail of a remedy as is permissible in law. 6.

In view of the above, this Writ Petition is disposed off. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Gauri Gaekwad