Bhalchandra S/O.Jageshwar Joshi vs State Of Maharashtra Thru Itrs ...
2016 Latest Caselaw 2063 Bom

                                                           1                      wp1091.05

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                       
                               NAGPUR BENCH : NAGPUR




                                                               
                         WRIT PETITION NO.1091 OF 2005




                                                              
    Bhalchandra s/o Jageshwar Joshi,
    aged about 50 years, occupation :
    business, r/o 93, Canal Road,




                                                    
    Ramdaspeth, Nagpur.               ...                                   Petitioner

                     - Versus -
                                 
                                
    1) State of Maharashtra, through
       its Principal Secretary, Urban
       Development, Mantralaya,
       Mumbai.
      


    2) Municipal Commissioner,
   



       Nagpur Municipal Corporation,
       Civil Lines, Nagpur.

    3) Additional Commissioner,





       Nagpur Municipal Corporation,
       Civil Lines, Nagpur.

    4) Dr. Milind Ramdas Ganvir,
       aged major, occupation : serving





       as Health Officer, Nagpur
       Municipal Corporation, Civil
       Lines, Nagpur, r/o Plot No. 18,
       Shivraj Society, Vishwarkarma
       Road No.1, Nagpur.              ...                           Respondents


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                                                           2                          wp1091.05

    Mrs. M.S. Naik, Assistant Government Pleader for




                                                                                          
    respondent no.1.




                                                                  
                                       ----------------
                                              CORAM :    B.P. DHARMADHIKARI AND 
                                                                   P.N. DESHMUKH, JJ.

DATED : APRIL 29, 2016

ORAL JUDGMENT (PER B.P. DHARMADHIKARI, J.) :

Nobody appears for petitioner and respondent

nos.2 to 4.

2) Mrs. Naik, learned Assistant Government

Pleader appearing for respondent no.1, invites our

attention to prayer clause in the petition to urge that

grievance of such a nature cannot be looked into at the

instance of petitioner.

3) The petitioner has contended that

appointment order dated 6/1/1996 issued to

respondent no.4 expired due to expiry of tenure

mentioned therein and as such, he cannot be treated

as employee of Municipal Corporation. Further prayer

is to direct other respondents to take steps to recover

3 wp1091.05

salary paid to respondent no.4.

4) This Court has issued notice in the matter on

6/4/2005. After hearing all concerned, rule was issued

on 4/5/2005 clarifying that pendency of petition did not

prohibit Municipal Corporation from considering case of

respondent no.4 for regularisation.

5)

The petitioner claims to be a social worker.

Thus, he has no personal interest in the matter. As held

by Hon'ble Apex Court, in matters of public

employment/recruitment, there cannot be public

interest litigation of present nature.

6) Hence, upholding the objection raised by the

learned Assistant Government Pleader to locus of

petitioner, we dismiss the writ petition. Rule is

discharged. No costs.

                       JUDGE                                           JUDGE

    khj