Bombay High Court
Shri Premchand S/O Bhagwan ... vs The State Of Maharashtra, Through ... on 8 August, 2016
Bench: B.P. Dharmadhikari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.2324 of 2012
Premchand s/o Bhagwan Ambhore,
Aged 39 years, Occ.-Nil,
R/o.-1-A, Akshar Griha Nirman Society,
Gulhane nagar, VMV Road, Amravati 444604. .... Petitioner.
Versus
1] The State of Maharashtra,
through its Secretary,
Department of Higher & Technical Education,
Mantralaya-32.
2] Principal, Government Engineering College,
Amravati. .... Respondents.
Shri A.M. Ghare, Advocate for petitioner.
Shri A.S. Fulzele, Addl.G.P. for respondents.
Coram : B.P. Dharmadhikari &
Kum. Indira Jain, JJ.
th
Dated : 08
August, 2016.
ORAL JUDGMENT (Per B.P. Dharmadhikari, J.)
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Civil Application (W) No.1614 of 2016
Heard.
Allowed.
The necessary amendment be carried out forthwith.
Writ Petition No.2324 of 2012
We have heard learned Advocate Shri Ghare for the
petitioner at length and the learned Additional Government
Pleader also in reply. In view of the fact that the previous
employment of the petitioner with Shri Shivaji Education
Society, Amravati is shown with unaided institute in
communication dated 08-05-2012 sent by the Information
Officer under the Right to Information Act, 2005 to the petitioner
and an affidavit filed on its basis, the learned Additional
Government Pleader submits that it would be in the interest of
administration if fresh enquiry is permitted.
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2] We find that till receipt of information, the petitioner also
may have been dwelling under the impression that his earlier
employer was receiving grant in aid. The impugned
communication dated 02-05-2011 specifically stipulates that his
earlier employment was with an institute receiving grant in aid.
This was questioned before the Maharashtra Administrative
Tribunal [MAT] and thereafter before this Court. Thus, we find
substance in the contention of the learned Additional
Government Pleader that the parties might have proceeded on
wrong presumption.
3] Learned Advocate Shri Ghare, for the petitioner,
however, insists for permission to join. He states that the
petitioner has also left his employment on 05-01-2011 because
of the appointment order dated 01-01-2011.
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4] Considering the nature of controversy, we avoid recording
of any detailed reasons for refusing the request of learned
Advocate Shri Ghare for the petitioner. Those reasons may
affect the further consideration of controversy by the
Competent Authority. We, however, keep all the contentions
open.
5] Only to facilitate holding of fresh enquiry, we quash and
set aside the order dated 02-05-2011 as also the adverse
judgment delivered by the MAT on 21-03-2012 in Original
Application No.266 of 2011. The appointment order dated
01-01-2011, therefore, revives. The MAT while disposing of the
Original Application has directed the respondents not to fill in
the post against which the petitioner is seeking employment,
that interim order has not been continued thereafter but then
this Court has also not refused the interim relief. It has issued
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notice for final disposal itself on 09-05-2012.
6] Learned Advocate Shri Ghare, for the petitioner, upon
instructions, states that two posts are still vacant.
7]
In this situation, we direct the respondents to hold and
complete the enquiry at the earliest and in any case within
period of two months from 29-08-2016. We direct the
petitioner, to appear before respondent no.1 to facilitate the
further progress in the matter on the said date. It is open to
respondent no.1 to itself conduct enquiry or to nominate the
Competent Officer for the said purpose.
8] Depending upon its outcome, it will be open to the parties
to take further steps in the matter, as per law.
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9] Writ petition is, thus, disposed of.
JUDGE JUDGE
Deshmukh
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C E R T I F I C A T E
"I certify that this Judgment uploaded is a true and correct copy
of original signed Judgment."
Uploaded by : Uploaded on :
(Deshmukh) 09/08/2016
P.A. to the Hon'ble Judge.
