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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
SECOND APPEAL NO.17 OF 2004
Ku. Shobha d/o Sadashiv Ghayawat,
Aged adult, Occ: Service,
R/o Shivni,
Tq. & Dist. Akola. ....... APPELLANT
...V E R S U S...
1] State of Maharashtra through the
Child Development Project Officer,
Akola, Tq. & Dist. Akola.
2] Chief Executive Officer,
Zilla Parishad, Akola,
Tq. & Dist. Akola.
3] Suvarna Bhaurao Wankhede
30 years, Occ: Service,
R/o Shivni, Tq. & Dist. Akola. ....... RESPONDENTS
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Smt. S.W. Deshpande, Advocate for Appellant.
Smt. H.N. Prabhu, A.G.P. for Respondent No.1.
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CORAM: R.K. DESHPANDE, J.
th MARCH, 2017.
DATE: 8
ORAL JUDGMENT
1] The Trial Court partly decreed the suit as under:
1] Suit is partly decreed.
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2] Defendants are directed to consider the
application of plaintiff for post of Anganwadi Sevika at Ananganwadi Centre No. 5, Shivni, in the light of the Government Resolution dated 31-08-1995 and 13-10-1997.
3] Claim of plaintiff in respect of directions to defendants not to issue appointment letter to other candidates for post of Sevika at Anganwadi, village Shivani is dismissed.
4] Under the circumstances, parties to bear their own costs.
5] Decree be drawn up accordingly.
2] It is informed that the claim of the plaintiff was accordingly considered and she was taken in the employment as Anganwadi Sevika. Probably she has worked on the post and attained the age of superannuation. The learned counsel for the appellant is unable to contact the appellant for want of correct address.
3] In view of the aforesaid position, the second appeal is disposed of by observing that if the appellant has received the salary for working on the post, the same shall not be recovered, ::: Uploaded on - 09/03/2017 ::: Downloaded on - 10/03/2017 00:59:43 ::: sa17.04.J.odt 3/3 and it shall be open for the appellant to claim post retiral benefits, if it is permissible in law. The second appeal is disposed of.
JUDGE NSN ::: Uploaded on - 09/03/2017 ::: Downloaded on - 10/03/2017 00:59:43 :::