1 wp3607.11.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3607/2011
Mohd. Ilyas Ahmed s/o Abdul Kabeer,
aged about 38 years, Occ. Nil, r/o Sirajgaon
(Band), Tq. Chandur Bazar, Dist. Amravati ...APPELLANT
...V E R S U S...
1. The Municipal Council, Chandur Bazar,
through its Chief Officer, Chandur Bazar,
Dist. Amravati.
2. The Nagar Parishad Urdu Junior College
Arts and Science, Chandur Bazar, thr.
Its Principal, Chandur Bazar, Tq. Chandur
Bazar, Dist. Amravati.
3. The Deputy Director of Education,
Amravati Division, Amravati.
4. The Collector, Amravati District,
District Collectorate, Camp, Amravati,
Dist. Amravati. ...RESPONDENTS
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Shri R. J. Mirza, Advocate for petitioner.
Smt. Saboo, Advocate for respondent nos. 1 and 2.
Shri D. P. Thakare, Addl. G. P. for respondent nos. 3 & 4
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CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :- MARCH 22, 2017 ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.) By this writ petition, the petitioner seeks a direction against the respondent-Municipal Council, to continue the petitioner in the post of Lecturer on ad hoc basis till the regular ::: Uploaded on - 27/03/2017 ::: Downloaded on - 28/03/2017 00:55:26 ::: 2 wp3607.11.odt appointment is made. The petitioner has also sought a direction against the respondents to consider the claim of the petitioner at the time of regular appointment by condoning the criteria in regard to the age as the petitioner has crossed the age limit for appointment.
Shri R. J. Mirza, the learned counsel for the petitioner, states that the petitioner would not press the second prayer with regard to the relaxation of age in this writ petition and would press the prayer at the subsequent stage, if an occasion arises. It is stated that the grievance of the petitioner would stand redressed if the relief sought by the petitioner by the first prayer is considered and granted. We permit the petitioner to delete prayer clause (b) in view of the said request. The amendment may be carried out forthwith.
It is stated on behalf of the petitioner in respect of the prayer that though the petitioner was appointed on ad hoc basis as a Lecturer in the year 2003 and is continued from time to time, the respondent-Municipal Council may take steps to terminate the services of the petitioner and appoint some other ad hoc employee in his place. It is stated that in view of the law laid down by the Hon'ble Supreme Court in the case of State Of Haryana & Ors. ::: Uploaded on - 27/03/2017 ::: Downloaded on - 28/03/2017 00:55:26 :::
3 wp3607.11.odt ..vs.. Piara Singh & Ors. reported in (1992) 4 SCC 118 , it would be necessary for the respondent- Municipal Council to continue the petitioner on ad hoc basis till the regularly selected candidate is appointed on the post of Lecturer in the Municipal Council.
The learned Addl. Governmen Pleader and the learned counsel for the respondent-Municipal Council do not dispute that the petitioner was appointed on ad hoc basis as a Lecturer from time to time and is continued in service. It is stated that an appropriate order may be passed in the circumstances of the case.
Since the relief sought by the petitioner in this writ petition is limited and the prayer is reasonable, we dispose of the writ petition with a direction against the Municipal Council to continue the petitioner as a Lecturer on ad hoc basis till a regularly selected candidate is appointed in the post held by the petitioner.
Rule is made absolute in the aforesaid terms with no order as to costs.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.) kahale ::: Uploaded on - 27/03/2017 ::: Downloaded on - 28/03/2017 00:55:26 :::